A/HRC/21/55
I. Introduction
1.
The present follow-up report is aimed at enhancing the ability of States, indigenous
peoples and other stakeholders, including business, to implement the right of indigenous
peoples to participate in decision-making, in particular in relation to the extractive industry.
It builds on the Expert Mechanism on the Rights of Indigenous Peoples‟ study on
indigenous peoples and the right to participate in decision-making (A/HRC/18/42). Clarity
will be provided by outlining pertinent international human rights law, particularly the
United Nations Declaration on the Rights of Indigenous Peoples,1 and policy.
A.
Mandate for the report
2.
In the report on its fourth session, the Expert Mechanism proposed to the Human
Rights Council that it request the Expert Mechanism “to continue its work on indigenous
peoples and the right to participate in decision-making, with a focus on extractive
industries, in cooperation with the thematic work of the Special Rapporteur on the rights of
indigenous peoples, and to communicate and to share knowledge and good practices with
the Working Group on the issue of human rights and transnational corporations and other
business enterprises” (A/HRC/18/43, pp. 3-4).2
3.
In its resolution 18/8, the Human Rights Council welcomed the completion by the
Expert Mechanism of its final study and the inclusion of the examples of good practices at
different levels of decision-making therein, including those in connection with the activities
of extractive industries, and requested the Expert Mechanism to continue to build on its
previous studies, including its study on indigenous peoples and the right to participate in
decision-making.
B.
Coordination with the Special Rapporteur on the rights of indigenous
peoples and the Permanent Forum on Indigenous Issues
4.
The Special Rapporteur on the rights of indigenous peoples is currently focusing his
thematic work on extractive industries operating in or near indigenous territories (see
A/HRC/18/35). The Permanent Forum on Indigenous Issues has engaged in a number of
substantive activities related to indigenous peoples and the impact of extractive industries
upon them.3
5.
In resolution 18/8, the Human Rights Council also welcomed the ongoing
cooperation and coordination among the Special Rapporteur on the rights of indigenous
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This is particularly timely given that there is now overwhelming support for the Declaration.
This focus was called for by observers of the Expert Mechanism‟s fourth session, including
representatives of indigenous peoples‟ organizations.
This includes the international expert group meeting on the theme “Indigenous peoples and forests”
(see the report thereon, E/C.19/2011/5); the international expert group meeting on the theme
“Indigenous peoples: development with culture and identity: articles 3 and 32 of the United Nations
Declaration on the Rights of Indigenous Peoples” (E.C.19/2010/14); the international expert group
workshop on the theme “Indigenous peoples‟ rights, corporate accountability and the extractive
industries” (E/C.19/2009/CRP.8); and the international workshop on the theme of “Methodologies
regarding free, prior and informed consent and indigenous peoples (E/C.19/2005/3).
3
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