A/HRC/33/56
84.
Several members of the Expert Mechanism emphasized the importance of ensuring
that indigenous human rights defenders received adequate protection and that their freedom
of expression, freedom of assembly and other rights were fully respected. In that regard,
they expressed concerns about the situation of Jannie Lasimbang, a former Chair of the
Expert Mechanism, who was currently being prosecuted for her role in organizing peaceful
assemblies.
X. Follow-up to thematic studies and advice
85.
Mr. Tsykarev introduced the agenda item on follow-up to thematic studies and
advice by recalling the Expert Mechanism’s mandate and listing the studies and advice
previously issued by the Expert Mechanism. The studies and advice were meant to provide
a better understanding of the provisions of the Declaration and to propose concrete actions
that States, indigenous peoples, civil society, international organizations, national human
rights institutions and others could take in order to further its implementation. The studies
of the Expert Mechanism placed special emphasis on the participation of indigenous
peoples themselves in decisions that affected them.
86.
He also shared some examples of how the Expert Mechanism was moving forward
on issues relating to previous studies. In the study on cultural heritage, the Expert
Mechanism had underscored the need for Member States, museums and other collecting
entities and international organizations to work together to enable repatriation of cultural
items and ceremonial objects of indigenous peoples. The Permanent Forum at its fifteenth
session had made two specific recommendations regarding repatriation. One
recommendation was directed to United Nations Educational, Scientific and Cultural
Organization (UNESCO) and the Expert Mechanism, suggesting they co-host an expert
seminar regarding the establishment of a mechanism or an instrument for repatriation of
such objects.
87.
He also called on States to ensure continued implementation of best practices that
had been referenced in previous studies of the Expert Mechanism. As an example, he
mentioned the Assembly of Indigenous Peoples of the North in the parliament of KhantyMansiysky autonomous region of the Russian Federation, referred to in the study on
indigenous peoples and the right to participate in decision-making (A/HRC/18/42), noting
that there had been developments that could weaken that good practice significantly.
88.
The ensuing discussion focused mostly on the Expert Mechanism’s studies on
access to justice and cultural heritage. With regard to access to justice, participants
highlighted that representation of indigenous peoples in prison systems remained high in
several countries and conditions of imprisonment often violated human rights. Participants
called for improved juridical systems and legal assistance as a prerequisite to ensuring
access to justice. They also emphasized the need to decriminalize the work of indigenous
human rights defenders. In terms of cultural heritage, several participants expressed
concerns regarding the vitality of their languages and the importance of indigenous
languages being taught in schools. Chief Littlechild expressed concerns over violations of
spiritual rights when sacred ceremonies as part of cultural heritage were impacted. He also
indicated that the Maskwacis Cree had recently declared Cree as the official language in
their territories.
89.
Participants discussed issues relating to participation, such as low representation in
national and local governments, as well as education, including continued discrimination
against indigenous peoples in public education systems. Although few good practices were
discussed, indigenous representatives noted that the Expert Mechanism’s recommendations
were very useful, because they broadened understanding of the articles of the Declaration.
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