A/HRC/44/35
17.
Over the past 34 years, more than 2,400 indigenous peoples’ representatives had
participated in United Nations meetings and processes thanks to support from the Fund.
That participation had led to concrete impacts, including the issuance of recommendations
on the rights of indigenous peoples to Member States from treaty bodies, enhanced
dialogue among Governments and indigenous representatives and communities, and
increased capacity of indigenous peoples themselves in engaging with processes and
mechanisms of the United Nations. Citing several examples, Ms. Cunningham also
underlined that training activities implemented by the Fund had strengthened indigenous
peoples’ participation in United Nations meetings and processes.
18.
Ms. Cunningham pointed out that beneficiaries of the United Nations Voluntary
Fund for Indigenous Peoples had contributed to several important processes, including the
drafting and adoption of the United Nations Declaration on the Rights of Indigenous
Peoples and the outcome document of the World Conference on Indigenous Peoples, which
was adopted by the General Assembly in its resolution 69/2. The Board of Trustees of the
Fund was scoping the possibility of further expanding the Fund’s mandate in order to, inter
alia, allow for greater participation in United Nations processes on climate change and the
Forum on Business and Human Rights, and facilitate meetings with the Special Rapporteur
on the rights of indigenous peoples during country visits.
19.
Mr. Deer began his statement by indicating that while it was an honour to address
the Human Rights Council on such an important issue, the Council had always been a
difficult venue for indigenous peoples to navigate, owing to restrictive rules and brief time
allocations. He also pointed out that the Council’s annual panel discussion on the rights of
indigenous peoples had been reduced from three hours to two.
20.
He acknowledged the great personal and financial cost that indigenous peoples from
all over the world bore when attending Human Rights Council sessions, with many never
getting the chance to take the floor. Most distressing to him was the fact that indigenous
peoples had to register as NGOs in order to enter the Council chamber or take the floor.
The NGO label was unfair to indigenous peoples’ representative institutions because
indigenous peoples had structures or organizations that performed the same duties as some
Governments, including laws and regulations, education systems, health systems, land
tenure systems and membership or citizenship requirements.
21.
He underlined that indigenous representatives were present at the dialogue not to
advocate for the participation of NGOs, but to advocate for the enhancement of the
participation of indigenous representatives and institutions as chosen by indigenous peoples
themselves, as was their right. Also of significance was the inability of the NGO label to
encapsulate the unique function of indigenous peoples as custodians of their cultures,
languages, spirituality, political systems and their way of relating to other peoples.
22.
Mr. Deer urged the Human Rights Council to show leadership in implementing the
right of representation of indigenous peoples, rather than waiting for directions from the
General Assembly. He referred to the status of national human rights institutions in the
Council as a possible example of how indigenous peoples could be accredited at a level
higher than NGOs and similar to observer status. He concluded by urging Member States to
implement a process to institute the right of true representation of indigenous peoples in the
human rights system.
23.
Ms. Hakala opened by referring to the 2014 World Conference on Indigenous
Peoples, to article 41 of the United Nations Declaration on the Rights of Indigenous
Peoples, and to the report of the Secretary General on ways and means of promoting
participation at the United Nations of indigenous peoples’ representatives on issues
affecting them, which was presented to the Human Rights Council at its twenty-first session
(A/HRC/21/24).
24.
She summarized the process that had led to the present interactive dialogue. She
recalled how, at its seventieth session, the General Assembly had requested the President of
the Assembly to conduct consultations on the possible measures necessary, including
procedural and institutional steps and selection criteria, to enable the participation of
indigenous peoples’ representatives and institutions in meetings of relevant United Nations
bodies (see General Assembly resolution 70/232).
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