Transcript Office of the United Nations High Commissioner for Human Rights Expert Mechanism on the Rights of Indigenous Peoples Briefing for CEDAW, 5 October 2012

Office of the United Nations High Commissioner for
Human Rights
Expert Mechanism on the
Rights of Indigenous Peoples
Briefing for CEDAW, 5 October 2012
Outline
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Background to the Expert Mechanism
Mandate of the Expert Mechanism: HRC Resolution 6/36
Composition of the Expert Mechanism
Sessions of the Expert Mechanism
Expert Mechanism Study on Education
Expert Mechanism Study on Participation
Expert Mechanism Study on Cultures and Languages
Upcoming work on indigenous peoples’ access to justice
Where to find further information
Background to the Expert Mechanism on the
Rights of Indigenous Peoples
 Working Group on Indigenous Populations (1982 – 2006)
 Under the Sub-Commission on the Promotion and Protection of Human
Rights
 Working Group on the Draft Declaration on the Rights of Indigenous Peoples
(1995 – 2006)
 Permanent Forum on Indigenous Issues (2000)
 Special Rapporteur on the Rights of Indigenous Peoples (2001)
 Human Rights Council adopted the Declaration in June 2006
 Adoption of the Declaration on the Rights of Indigenous Peoples in the General
Assembly (Sept 2007)
 Human Rights Council established the Expert Mechanism on the Rights of
Indigenous Peoples (December 2007)
Mandate
Resolution 6/36
1. Decides, in order to assist
the Human Rights Council in
the implementation of its
mandate, to establish a
subsidiary expert
mechanism to provide the
Council with thematic
expertise on the rights of
indigenous peoples in the
manner and form requested
by the Council:
 Assistance for the
implementation of the
Council’s mandate
 Advisory function
 Human Rights Council
requests manner and form
Mandate
 (a) The thematic expertise
will focus mainly on studies
and research-based advice;
 (b) The mechanism may
suggest proposals to the
Council for its consideration
and approval, within the
scope of its work as set out
by the Council;
 Expertise mainly through
studies and research-based
advice
 Proposals – but must seek the
approval of the Human Rights
Council
 Human Rights Council
requests:
 Education (2008): Res 9/7
 Right to participate in decision
making (2009 – 2010): Res
12/13
 Cultures and languages (2011):
Res 18/8
 Access to justice (2012): Res
21/24
Reporting to the Council
2. Also decides that this
mechanism shall report
annually to the Council on
its work;
 Formal presentation each year
(September session)
 Interactive dialogue (18th session),
available live on the Human Rights
Council’s webcast
(http://www.un.org/webcast/unh
rc/)
 Reports at the same time as the
Special Rapporteur on the rights
of indigenous peoples
Composition
Human Rights Council Resolution
6/36 (2007)
 3. Further decides that the
expert mechanism shall consist
of five independent experts
 4. Strongly recommends that,
in the selection and
appointment process, the
Council give due regard to
experts of indigenous origin;
 6. Also decides that the
members of the expert
mechanism shall serve for a
three-year period and may be
re-elected for one additional
period;
2012 - 2015
Anastasia Chukhman
(Russian Fed): 2013
Jannie Lasimbang
(Malaysia): 2014
Wilton Littlechild
(Canada): 2014
José Carlos Morales
Morales (Costa Rica):
2013
Danfred Titus (South
Africa): 2015
Coordination
5. Decides, in order for the expert
mechanism to enhance
cooperation and avoid duplicating
the work of the Special
Rapporteur on the situation of
human rights and fundamental
freedoms of indigenous people
and the Permanent Forum, that it
shall invite the Special Rapporteur
and a member of the Permanent
Forum to attend and contribute to
its annual meeting;
 Close coordination between
indigenous mandates and
respective secretariats
 Cooperation includes:
 attendance at respective sessions
(eg EM and SR at the PFII and vice
versa)
 Annual coordination meetings
 Declaration on the Rights of
Indigenous Peoples is a common
framework, under article 42 of the
Declaration
Distinctions between the Indigenous Mandates
 Expert Mechanism
 Thematic advice to the Human Rights Council
 Special Rapporteur on the rights of indigenous peoples
 Examines obstacles to the protection of indigenous peoples’
rights, gathers information and communications, formulates
recommendations and works with other mandates such as
the Expert Mechanism
 Conducts country visits, responds to communications and
undertakes thematic studies
 Permanent Forum on Indigenous Issues
 Advises the Economic and Social Council, raises awareness
and promotes integration and coordination of activities on
indigenous issues within the UN system and prepares and
disseminates information on indigenous issues
Annual sessions
The Expert Mechanism meets
annually
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in Geneva
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usually in July
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for 5 days
Indigenous peoples, states, nonstate actors, academia, national
human rights institutions and
others attend
Participation in the Expert Mechanism
Expert Mechanism studies
 Based on:
 Research undertaken by experts, including an analysis of relevant
jurisprudence from the UN human rights treaty bodies
 Submissions during sessions of the Expert Mechanism and calls for
contributions from states, indigenous peoples etc
 Expert seminars
 Contributions from:
 States
 Indigenous peoples – individuals and representatives of indigenous
peoples
 Academic institutions
 National human rights institutions
 Non-state actors
Education Study
 Education is an important means for the enjoyment, maintenance
and respect of indigenous cultures, languages, traditions and
traditional knowledge
 Education is an indispensible means of realising indigenous
peoples’ right to self-determination
 Indigenous education includes:
 Traditional education or ways of learning and institutions
 Integration of indigenous perspectives and language in mainstream
education systems and institutions
 Indigenous peoples have the right to establish and control their
education systems and institutions
Advice on the Rights of Indigenous Peoples to
Education
 The right of indigenous peoples to education includes the right to
provide and receive education through their traditional methods
of teaching and learning, and the right to integrate their own
perspectives, cultures, beliefs, values and languages in
mainstream education systems and institutions
 Indigenous peoples should be regarded as having prepaid present
and future financial allocations from the State, including
allocations to education, by sharing their lands, territories and
resources with others
CEDAW on education and indigenous women
 Problems cited: Illiteracy, school drop-out rates, access to
education, poor quality education
 Concluding observations:
 Awareness-raising for all (including men) on indigenous women’s
rights especially amongst indigenous communities
 Combat stereotypes of typical role of women
 Extend bilingual education to all indigenous communities including
formal and informal education to all women
 Give special attention to sex education for indigenous women as part
of regular education curriculum
 Increase access to vocational training
 Establish family planning programmes
Participation Study
 The principle of participation in decision making has a clear
relationship with the right of indigenous peoples to selfdetermination, including the right to autonomy or selfgovernment, and the State obligation to consult indigenous
peoples in matters that may affect them, based on the
principle of free, prior and informed consent.
 Self-determination means that the institutions of decision
making should be devised to enable indigenous peoples to
make decisions related to their internal and local affairs, and
to participate collectively in external decision-making
processes in accordance with relevant human rights
standards
Advice No 2 on Participation in Decision Making
 Indigenous peoples have the right to develop and maintain their
own decision making institutions and authority parallel to their
right to participate in external decision making processes that
affect them
 The duty to consult applies whenever a measure or decision
specifically affecting indigenous peoples is being considered (for
example, affecting their lands or livelihood)
 The duty also applies in situations where the State considers
decisions or measures that potentially affect the wider society,
but which affect indigenous peoples, and in particular in instances
where decisions have a disproportionately significant effect on
indigenous peoples
Advice No 2 on Participation in Decision Making
 Consent required in matters of fundamental importance for
indigenous peoples’ rights, survival, dignity and well-being
 In assessing whether a matter is of importance to the indigenous
peoples concerned, relevant factors include the perspective and
priorities of the indigenous peoples concerned, the nature of the
matter or proposed activity and its potential impact on the
indigenous peoples concerned, taking into account, inter alia, the
cumulative effects of previous encroachments or activities and
the historical inequities faced by the indigenous peoples
concerned
CEDAW on indigenous women’s participation
 Problems: lack of indigenous women’s participation in
decision-making processes in public, political and
private sectors and under-representation in leadership
 Concluding observations: Ensure funding so can
participate in governance processes
 Recognise indigenous women as not only beneficiaries
but agents of change in development process
 Special attention needed to ensure indigenous women
participate in decision-making processes
CEDAW on indigenous women’s participation
 Implement quotas, targets, benchmarks, numerical
goals and timetables as special measures
 Provide training programmes for indigenous women to
strengthen roles in leadership, negotiation and
decision-making positions in society – monitor progress
and results regularly
 Awareness-raising campaigns about importance of
inclusion of indigenous women in decision making
Languages and cultures study
 Indigenous women central to the transmission of indigenous
peoples’ languages and cultural knowledge
 Concern about laws that discriminate against indigenous
women, and the impacts they can have on indigenous languages
and cultures
 Under indigenous cultures, often gendered roles for men and
women. Often these roles are equal. Where not, must ensure
non-discrimination against indigenous women consistent with
article 22 of the Declaration (against discrimination and violence
against indigenous women)
 Prioritise the perspective of indigenous women when
allegations of discrimination against them under indigenous
customs
CEDAW: indigenous women and cultures and
languages
 Recommendations:
 Culturally-specific programmes for indigenous women
 Collect disaggregated data by sex, age, race and ethnicity
 Translate CEDAW into indigenous languages coupled with
awareness-raising of indigenous peoples’ rights
 Bilingual education for indigenous women
 Combat stereotyping of indigenous women
 Implementation of laws to ban discrimination
 Strengthen initiatives that encourage women’s economic
empowerment, taking into account different situations of
different groups and establish mechanisms to monitor impact of
social and economic policies on women
CEDAW: indigenous women and cultures and
languages
 Make CEDAW provisions available in all the different
indigenous languages and disseminate
 Awareness-raising campaigns on indigenous women’s
rights
 Combat stereotypes of typical role of women
 Programmes aimed at aboriginal women should be
monitored for possible discriminatory effects
 Bilingual education for all indigenous communities to
improve access to social and economic opportunities
Expert Mechanism report on indigenous
peoples’ participation in extractive industries
(2012)
 notes the impact that extractives can have on
indigenous women when operate on or near their
territories (egs of sexual assault, prostitution etc)
 indigenous women must participate in the development
of solutions to these problems
HRC 21st session (Sept 2012)
 Resolution 21/24:
 «stresses the need to pay particular attention to the rights
and special needs of indigenous women and girls, as set
out in the Declaration on the Rights of Indigenous Peoples,
including in the process of protecting and promoting
indigenous peoples’ languages and cultures»
 Special Rapporteur on the rights of indigenous peoples:
2012 report focuses on indigenous women
Indigenous peoples’ access to justice
 Expert Mechanism 5th session:
 «proposes that the HRC request the Expert Mechanism to prepare a
study on indigenous peoples and access to justice given the gravity
of the issues facing indigenous peoples, including discrimination
against indigenous peoples in criminal justice systems, particularly
for indigenous women and youth. Overrepresentation of indigenous
peoples in incarceration is a global concern. Good practices,
particularly those associated with traditional justice systems, would
be examined.»
 HRC Resolution 21/24: study on access to justice in the
promotion and protection of the rights of indigenous peoples
 Panel on access to justice: indigenous women a focus
CEDAW on indigenous women’s access to justice
 Problems:
 sexual and domestic violence unpunished
 discriminatory legal provisions e.g. matrimonial property
rights, status and band membership
 prohibition on all forms of discrimination against women
not adopted in domestic laws
 lack of awareness of rights amongst indigenous women
 lack of access to legal abortions
CEDAW on indigenous women’s access to justice
 Ensure women’s equal access to land/individual rights to inherit
and own land
 Bring perpetrators of violence against women to justice
 Enforce existing legislation on right to abortion and access to
treatment for complications that arise from unsafe procedures
 Raise awareness that sexual abuse is a prosecutable and grave
crime
 Provide access to redress, protection, support and legal aid free legal services for indigenous women, monitor quality and
impact to ensure access to justice
«Added Value» of Expert Mechanism studies in
CEDAW work
 Consistent messages from across the UN system, thus
illustrating coordination (responding to issues associated with
fragmentation)
 Expert Mechanism’s Advice:
 is based on significant research, often collating the jurisprudence
from all relevant human rights bodies, including from the regional
human rights systems
 is the subject of deliberations between states, indigenous peoples,
civil society, national human rights institutions and academics,
especially during its annual sessions
Questions?
 How might the Expert Mechanism assist the CEDAW in
its work?
More information
 Expert Mechanism website
 http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/E
MRIPIndex.aspx
 OHCHR on indigenous peoples website
 http://www2.ohchr.org/english/issues/indigenous/index.h
tm