A/HRC/42/55
Committee, Ilze Brands Kehris, and member of the Committee on the Elimination of
Discrimination against Women, Gladys Acosta Vargas.
70.
The panellists referred to the implementation of the Declaration on the Rights of
Indigenous Peoples from different perspectives. The Special Rapporteur, for example,
mentioned the interrelatedness of the questions of recognition, remedy and reconciliation;
indigenous justice systems; and the right of indigenous peoples to self-determination. She
indicated that access to justice was a key element for reparation, while the realization of the
right to self-determination of indigenous peoples depended on adequate recognition of
indigenous peoples as the subject of collective and individual rights, which in turn was the
only way to achieve redress and full reconciliation.
71.
The Chair of the Permanent Forum noted the efforts made by the Forum to promote
the implementation of the Declaration by producing reports related to the rights of
indigenous peoples. She informed the participants that during the nineteenth session of the
Forum in 2020, three reports would be presented: one on best practices in the protection of
the lands, territories and resources of indigenous peoples; a second entitled “Indigenous
peoples autonomies: experiences and perspectives”; 4 and a third on the development of
standards and redress mechanisms for protecting the rights of indigenous peoples in
conservation measures. She also mentioned that the secretariat of the Forum was working
on projects to support Member States in developing national action plans at both national
and local levels to recognize and implement the rights of indigenous peoples in accordance
with the Declaration.
72.
Ms. Acosta Vargas introduced the work done by the Committee on the Elimination
of Discrimination on the implementation of the Declaration. She particularly stressed the
importance of the conceptual note that the Committee had adopted on the rights of
indigenous women for the purpose of developing a general recommendation on the rights of
indigenous women and announced that informal consultations with different organizations
had been held in that regard, and that the formal launch of the process would commence
soon. Ms. Brands Kehris updated the participants on the work of the Human Rights
Committee relating to the Declaration, including its new general comment No. 36 (2018) on
the right to life and its importance for indigenous peoples, and on the decisions taken under
its individual complaints procedure relating to the right to political participation. She also
indicated seven States about which the Committee had expressed concerns in its concluding
observations on indigenous rights, including with respect to free, prior and informed
consent. All panellists noted the importance of the Declaration as a standard-setting
document and the importance of using it in their work to apply treaties in the context of
indigenous peoples.
73.
Under Item 8, the Expert Mechanism also held a private meeting on free, prior and
informed consent with members of the ILO Committee of Experts on the Application of
Conventions and Recommendations, the Special Rapporteur on the rights of indigenous
peoples, the Chair of the Permanent Forum on Indigenous Issues and the Vice-Chair of the
Human Rights Committee.
XII. Future work of the Expert Mechanism, including focus of
future thematic studies
74.
Member of the Expert Mechanism Mr. Lounes led the discussion on agenda item 9,
during which participants suggested different thematic studies the Expert Mechanism could
carry out, including on violence against indigenous women; missing and murdered
indigenous women; climate change and its repercussions on the rights of indigenous
peoples; the right to housing of indigenous peoples; the forced removal of indigenous
children; the right to media and communications; the rights of indigenous persons with
disabilities; the rights of indigenous peoples in the context of water; and the criminalization
4
14
See E/2019/43, para. 141.
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