A/HRC/42/55
64.
Ms. Yamada introduced the draft study on recognition, reparation and reconciliation.
She indicated that the Expert Mechanism had received over 20 submissions from
indigenous peoples’ organizations, Member States, academics, United Nations agencies and
other stakeholders for the completion of the study.
65.
Ms. Yamada noted that the study set out four guiding principles on recognition,
reparation, and reconciliation:
(a)
The recognition of indigenous peoples, as well as reparation and
reconciliation relating to past and current injustices, as essential elements for the effective
implementation of the Declaration on the Rights of Indigenous Peoples and the central role
of the Declaration as an instrument to pursue recognition, reparations and reconciliation;
(b)
The need to approach any process of reparation and reconciliation from an
indigenous perspective, taking into account cultural specificities, including the spiritual
connection of indigenous peoples to their lands, their traditions related to identifying and
healing injuries and their right to participate fully and effectively in decision-making;
(c)
Recognition, reparation and reconciliation as a means of addressing
colonization and its long-term effects, and of overcoming challenges with deep historical
roots;
(d)
Recognition of the rights of indigenous peoples to self-determination
(including free, prior and informed consent), their rights to autonomy and political
participation, their claims to their lands and the recognition of indigenous juridical systems
and customary laws should be considered an essential part of recognition, reparation and
reconciliation.
66.
Ms. Yamada added that the concepts of reparation and reconciliation should be seen
from an intergenerational and collective point of view and stressed that apologies and other
measures of satisfaction were worthy of note, but that they should then be transferred into
tangible change when it came to respecting and protecting the rights of indigenous peoples.
Any process for truth-telling, as well as remedies for past violations of the rights of
indigenous peoples, must be undertaken with their full participation, consultation and
consent, and with attention to their own laws, traditions and protocols regarding narrative,
justice and healing.
67.
Following Ms. Yamada’s introduction of the report, participants provided
comments. Some participants emphasized the urgent need for full and effective
participation of the indigenous peoples concerned and their representative institutions in the
initiatives for recognition, reparation and reconciliation. It was emphasized that those
initiatives needed to be aligned with international standards on the rights of indigenous
peoples, particularly the Declaration on the Rights of Indigenous Peoples. Furthermore, it
was suggested that truth-telling initiatives could assist in identifying measures to give full
effect to the right to self-determination and address the long-term effects of genocide and
colonization. States were also encouraged to implement national awareness-raising
measures that adequately explained the basis for and benefit of full recognition of the rights
of indigenous peoples.
68.
Specific recommendations were made by State representatives, indigenous peoples
and NGOs, including more robust legal recognition of indigenous peoples, protection of the
archives of truth-telling forums for future generations and the promulgation of an
international decade of the world’s indigenous languages, given the crucial role of
languages in reparation and reconciliation.
XI. Dialogue on implementation of the United Nations
Declaration on the Rights of Indigenous Peoples
69.
Member of the Expert Mechanism Rodion Sulyandziga led the discussions on item
8, which consisted of a dialogue with the Special Rapporteur on the rights of indigenous
peoples, the Chair of the Permanent Forum on Indigenous Issues, the Chair of the Board of
Trustees of the Voluntary Fund for Indigenous Peoples, member of the Human Rights
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