A/HRC/32/26
17.
Participants made specific suggestions for ways to enhance coordination, for
example by issuing joint statements, coordinating studies and cooperating through a multiyear workplan. Cooperation with the Permanent Forum on Indigenous Issues was
highlighted, but it was also noted that human rights was just one of six thematic issues that
the Permanent Forum was mandated to address.
18.
The relationship between the Special Rapporteur and the Expert Mechanism was the
subject of much discussion. The Special Rapporteur underlined the many human rights
challenges facing indigenous peoples and stressed that she was overwhelmed by the dire
situation they faced and the many requests she had received. She suggested broadening the
mandate of the Expert Mechanism to include country-specific situations and encouraged the
Expert Mechanism to develop a database of recommendations on indigenous peoples from
other United Nations mechanisms (such as the special procedures, the universal periodic
review and the treaty bodies).
19.
Several State and indigenous peoples’ representatives supported the idea of
enhancing cooperation between the Expert Mechanism and the Special Rapporteur. One
State representative suggested developing a referral system so that both mechanisms could
refer specific issues to each other, including on urgent situations, and follow up and report
on the achievement of the ends of the Declaration. That proposal was supported by several
State and indigenous peoples’ representatives. One participant suggested formalizing
coordination with the Special Rapporteur prior to her country visits and the Special
Rapporteur proposed that the Expert Mechanism play a role in the follow-up to
recommendations.
20.
One State representative proposed merging the mandate of the Special Rapporteur
with that of the Expert Mechanism, to enhance and elevate the role of the body and avoid
duplication. The proposal included expanding the Expert Mechanism’s mandate, so that the
Mechanism could assist States in addressing country situations and provide expert advice,
and having the Special Rapporteur chair the Expert Mechanism. A number of participants
shared the overall goal of enhancing the impact and status of the Expert Mechanism but did
not agree that merging the two mandates would be the way to reach that goal. In particular,
concerns were expressed about the risk that such a merger might undermine the scope of
action and current mandates of the Expert Mechanism and the Special Rapporteur. One
participant suggested that other ways of strengthening the institutional links between the
two mandates could be explored, including the possibility of giving the Special Rapporteur
a seat in the Expert Mechanism.
21.
One participant suggested expanding the scope of interaction to other special
procedure mandate holders involved in the protection and promotion of indigenous peoples’
rights, including the Special Rapporteur on the human right to safe drinking water and
sanitation, the Special Rapporteur on the right to education, the Special Rapporteur on the
right to food, the Special Rapporteur on the question of human rights and extreme poverty,
the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on
the implications for human rights of the environmentally sound management and disposal
of hazardous substances and wastes.
22.
A number of proposals were made on strengthening interaction with other
mechanisms of the Human Rights Council, including the Working Group on the issue of
human rights and transnational corporations and other business enterprises, which was
highlighted by several State and indigenous peoples’ representatives. One delegate
suggested establishing closer links with the open-ended intergovernmental working group
to draft a United Nations declaration on the rights of peasants and other people working in
rural areas. Other suggestions included strengthening interaction with the President and
Bureau of the Council through annual meetings, as well as with the regional groups of the
Council, and participating in the annual meeting of special procedures mandate holders.
5
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