A/HRC/42/55
implementation. He conveyed the Mechanism’s hope that its studies would become living
documents that were used in the daily work and advocacy of stakeholders for the promotion
and protection of the rights of indigenous peoples.
49.
States, indigenous peoples and other participants commented on the previous studies
undertaken by the Expert Mechanism, in particular the follow-up study on access to justice
(A/HRC/27/65) and the study on free, prior, and informed consent (A/HRC/39/62). In
regard to the former, participants highlighted the increasing criminalization of indigenous
persons with disabilities, the disproportionate risk of indigenous persons with disabilities
experiencing all forms of violence and the frequent discrimination they suffered. In regard
to the latter, it was stressed that free, prior and informed consent was a manifestation of the
right of indigenous peoples to self-determination of their political, social, economic, and
cultural priorities. Free, prior, and informed consent was also interpreted within the field of
the inherent dignity of peoples, including in the case of peoples living in voluntary
isolation.
VIII. Country engagement
50.
Member of the Expert Mechanism Ms. Vars opened agenda item 6, explaining the
country engagement aspects of the Mechanism’s amended mandate. Under the new
mandate, she indicated that the Mechanism was charged with assisting States and
indigenous peoples to realize the aims of the Declaration on Indigenous Peoples, including
by providing technical advice and facilitating dialogue at the request of Member States or
indigenous peoples. The Mechanism could also support States in the implementation of
recommendations made by other human rights mechanisms in relation to the human rights
of indigenous peoples, and provide a deeper analysis of the practical implementation of
those recommendations. She was joined on the panel by representatives of States and
indigenous peoples who had participated in recent country engagements, as described
below.
51.
Representatives of New Zealand and Maori participated as panellists during the
discussion of agenda item 6. The Expert Mechanism undertook a mission to New Zealand
from 8 to 13 April 2019, in response to a request from the Aotearoa Independent
Monitoring Mechanism on behalf of the National Iwi Chairs Forum and the New Zealand
Human Rights Commission. Two members of the Mechanism, Ms. Vars, Vice-Chair and
Head of Mission and Mr. Mansayagan, as well as staff of the OHCHR secretariat,
participated in the mission. In accordance with the methods of work of the Mechanism,
terms of reference were drawn up in consultation with the parties in advance of the country
engagement. The purpose, as agreed upon by both parties, was to provide advice on the
drafting of a national action plan on achieving the ends of the Declaration on the Rights of
Indigenous Peoples in New Zealand, with a particular focus on identifying how Maori
would partner in the process of planning, developing and implementing the action plan.
Following the mission, the Expert Mechanism transmitted a written advisory note to the
parties. The note is a public record of the mission and can be found on the webpage of the
Mechanism for the twelfth session. Representatives from New Zealand and Maori spoke to
agenda item 6, highlighting the positive engagement with the Expert Mechanism and their
appreciation of the advisory note which would assist them in the process of developing a
plan of action.
52.
Representatives from Finland and the Sami parliament also took part in the meeting
on agenda item 6 as a follow-up to the mission undertaken by the Expert Mechanism to
Finland in 2018. The aim of that mission was to facilitate dialogue between the
Government of Finland and the Sami Parliament, and to advise on the revision of the act on
the Sami Parliament. The negotiations over the draft Act are ongoing and will be affected
by decisions this year of the Human Rights Committee, which found violations by Finland
with respect to, inter alia, the right of the Sami to political participation in conjunction with
their right to self-determination (see, for example, CCPR/C/124/D/2668/2015).
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents