A/HRC/39/37
I. Introduction
1.
In its resolution 36/14 concerning human rights and indigenous peoples, the Human
Rights Council requested the United Nations High Commissioner for Human Rights to
continue to submit to it an annual report on the rights of indigenous peoples, containing
information on relevant developments in human rights bodies and mechanisms and on the
activities undertaken by the Office of the United Nations High Commissioner for Human
Rights (OHCHR) at headquarters and in the field, that contribute to the promotion of,
respect for and the full application of the provisions of the United Nations Declaration on
the Rights of Indigenous Peoples.
2.
The present report focuses on some illustrative examples of OHCHR activities and
initiatives undertaken at the country, regional and headquarters levels that contribute to
realization of the rights of indigenous peoples. It also outlines recent developments within
United Nations human rights bodies and mechanisms pertaining to indigenous peoples.
II. General overview of OHCHR activities and recent
developments in human rights bodies and mechanisms
3.
During the period under review, important measures were taken to advance the
rights of indigenous peoples. However, progress remains fragile. Reports by United Nations
human rights mechanisms demonstrate that the United Nations Declaration on the Rights of
Indigenous Peoples and the outcome document of the World Conference on Indigenous
Peoples are far from being fully implemented, and that the shrinking democratic space in
many countries continues to be a challenge for indigenous human rights defenders,
organizations and movements, including those that cooperate with the United Nations.
Many countries where indigenous peoples live fail to meet indigenous peoples’ human
rights obligations and to ensure their meaningful engagement and effective participation,
including when elaborating development priorities and strategies that relate to extractive
industries and to the use of land, territories and resources.
4.
To address these concerns, OHCHR continued to provide technical assistance and
guidance to Member States, indigenous peoples, civil society organizations and United
Nations bodies, and strengthened its efforts to involve indigenous peoples in all
international initiatives that affect them, including the implementation of the 2030 Agenda
for Sustainable Development.
5.
During the reporting period, indigenous peoples’ rights were included in the
recommendations of several human rights treaty bodies, and in the reports and
communications and other activities of several special procedure mandate holders. These
United Nations mechanisms provided detailed, country-specific recommendations for the
implementation of indigenous peoples’ rights, including in relation to resources and support
to develop their capacities, in order for indigenous peoples to be able to claim their rights
and interact on an equal footing with the authorities, the private sector and human rights
mechanisms. These mechanisms also highlighted the need to ensure that all those whose
decisions impact indigenous peoples’ rights — from State authorities to business
enterprises and international financial institutions — are familiar with the standards set
forth in the United Nations Declaration on the Rights of Indigenous Peoples.
A.
Requirements for free, prior and informed consent and for consultative
mechanisms, including in the context of business and extractive
industries
6.
A key area of concern for OHCHR and United Nations human rights mechanisms
continues to be the development activities undertaken in indigenous lands and territories
with insufficient regard for the principle of free, prior and informed consent and for other
safeguards enshrined in the United Nations Declaration on the Rights of Indigenous
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