A/HRC/21/24
parliaments, assemblies, councils or other bodies representing the indigenous peoples
concerned, to ensure effective participation at all levels of the United Nations.
5.
The present report is informed by submissions received from States, indigenous
peoples’ organizations and non-governmental organizations in response to a call for
contributions from OHCHR.1 The United Nations Declaration on the Rights of Indigenous
Peoples and other relevant international human rights instruments inform the approach
taken herein.
6.
The purpose of the present report is to consider methods of improving indigenous
peoples’ participation across the United Nations system, building on and strengthening
established practices. It is prepared without prejudice to the existing mechanisms for
indigenous peoples’ participation at the United Nations, such as those established by the
Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of
Indigenous Peoples.
II. Need to enable participation by indigenous peoples’
representatives in the United Nations
Qualitative and functional differences between indigenous peoples’
organizations and non-governmental organizations
A.
7.
As the Expert Mechanism on the Rights of Indigenous Peoples has recognized,
indigenous peoples’ organizations are, in general, qualitatively and functionally different
from non-governmental organizations in purpose, design and constituency. For example,
indigenous peoples’ organizations, even where they are not traditional in form, often
represent indigenous individuals, families, extended families and collectives, who often
share ancestry. As such, membership of an indigenous organization can be hereditary and,
in some cases, based on indigenous legal and cultural norms. Many indigenous peoples’
institutions have considerable responsibilities towards their members, including in relation
to cultures, lands, territories and resources.
8.
In many cases, indigenous peoples’ organizations have been constitutionally, legally
and/or politically acknowledged by the relevant State. For example, some States recognize
the inherent and residual sovereignty of indigenous peoples and/or the continuing
jurisdiction of indigenous peoples’ governance institutions over their peoples. In others, the
State enters into negotiations with indigenous authorities representing indigenous peoples
to provide redress for indigenous peoples’ historical grievances. In yet other cases, States
and indigenous peoples have established modern legal and political institutions to recognize
indigenous peoples’ self-determination and/or self-government and also as a means to
enable the representation of indigenous peoples in the State’s broader governance structure,
especially in relation to matters that specifically affect the indigenous peoples concerned.
On the other hand, some indigenous peoples’ organizations are not recognized by States,
either because their status as indigenous peoples is denied or because the State does not
recognize indigenous peoples’ political institutions.
9.
The purposes of many indigenous peoples’ institutions may include public
governance of their peoples and/or territories, often in accordance with indigenous laws and
traditions, meaning that they cannot appropriately be defined as non-governing. As such,
even where it might be possible for an indigenous peoples’ organization to seek
1
4
See www.ohchr.org/EN/Issues/IPeoples/Pages/ConsultationonIPparticipationintheUN.aspx.
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