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Summary Notes on the 10Th Session of the Expert Mechanism on the Rights

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Summary Notes on the 10Th Session of the Expert Mechanism on the Rights TH The summary notes are reports of the SUMMARY NOTES ON THE 10 SESSION most important UN meetings on indigenous rights and are issued twice a year. They are only available in an OF THE EXPERT MECHANISM ON THE electronic version and sent by email. RIGHTS OF INDIGENOUS PEOPLES 10th July – 14th July 2017, Geneva Note on those Summary Notes: This summary is based on the notes taken during the conference, the statements collected by Docip services and the rolling speakers' list of the conference. However, those notes reflect only the statements that have been delivered. !nder each agenda item, they are separated according the following scheme: first the opening statements, then statements from States, following by another paragraph on the statements made by indigenous organi"ations, followed by another paragraph by the statements made by all others stakeholders and finally the comments made by e#perts of the !N indigenous peoples' rights mechanisms. $nly the sessions that dealt with the agenda items of the programme of work of the tenth session of the %#pert &echanism on the 'ights of (ndigenous )eoples *%&'()+ are related. This document uses abbreviations, the index of which is available in the ,nne# (. 1. Executive Summ !" This tenth session of the %&'() was the first one since the adoption by the Human 'ights -ouncil *H'-+ of the re solution ../01 that amended the mandate. This ne mandate provides %&'() members with ne capacities, including the possibility to engage with the private sector, to give States advice on the implementation of the !nited Declaration on the 'ights of (ndigenous )eoples *!ND'()+ upon re2uest, to engage with the !niversal )eriodic 'evie *!)'+ and the treaty bodies process and to establish an enhanced cooperation ith the National Human 'ights (nstitutions *NH'(s+ to name a few. 3rom no on, the %&'() comprises seven expert members that represent the seven socio4cultural regions as decided by indigenous peoples: &r. ,lbert 5arum6 from the Democratic 'epublic of the -ongo for ,frica *0789+, &r. %dtami &ansayagan from the )hilippines for ,sia *0707+, &s. %rika :amada from 5razil for Latin ,merica and the -aribbean *078<+, &s. Laila =ars from Norway for the ,rctic *0707+, &r. ,lexey Tsykarev from the 'ussian 3ederation for 'ussia, %astern %urope and Transcaucasus *078<+, &s. >risten -arpenter from the !S, for North ,merica *0707+ and &s. &egan Davis from ,ustralia for the )acific *078<+. This session was well attended in general. $ne of the overriding issues among the statements made by the floor was on the treatment reserved to indigenous rights defenders, and many statements mentioned that point as a priority. Some comments and statements also recalled the importance of the preservation of indigenous culture, traditional knowledge, and languages. The agenda item that raised a great deal of concern is the study on the ten years of the implementation of !ND'(), about which numerous indigenous organi"ations as well as States e#pressed their views. (n a nutshell, efforts have been made to achieve the ends of !ND'(), even though the statements made by indigenous organi"ations demonstrate that the process is too slo to be translated into concrete actions for the communities on the ground. $n the ne %&'() mandate, the part most commented on has been ith regard to the cooperation that can be done with the NH'(s and 'egional Human 'ights (nstitutions *'H'(s+, with the others e#isting !N mechanisms on indigenous peoples' rights, as well as the 8/89 possibility of increasing advocacy for indigenous peoples' rights in the !)' and the treaty bodies processes. 'egarding the study related to indigenous businesses, the discussion highlighted the complexity of the topic, linked to lack of recognition of indigenous right to self4determination on the one hand, and on the other hand the struggle of indigenous peoples to safeguard their homeland without being able to develop an economic activity. The report was adopted at the end of the session, with a list of ten proposals to be submitted to the H'- that relate to the following sub?ects: 8. )articipation of indigenous peoples in the H'- 0. Theme of the H'-'s annual half4day discussion on the rights of indigenous peoples, focused on human rights defenders .. (ncreased engagement of States with %&'() @. )rotection of human rights defenders 1. Sustainable Development Aoals *SDAs+ B. 'eporting to the Aeneral ,ssembly C. National action plans to achieve the ends of !ND'() 9. -ontributions to the !nited Nations =oluntary 3und for (ndigenous )eoples *!N=3()+ <. -ollaboration ith the !)' process 87. (nternational year of indigenous languages in 078< #. Det i$% &onday, 87 Duly E $pening of the session, election of officers, adoption of the agenda and programme of work The traditional opening ceremony of the session was held by the representative from the Mapuche people, followed by introductory statements. H.E. Mr. Mouayed SALEH, Vice-President of the HR , welcomed the ne %&'() members who entered the mechanism after the adoption of the ne mandate by the H'-. The %&'()Fs revised mandate is fully supported by the H'- for a better implementation of indigenous peoples' rights at all levels. There are still numerous challenges to be addressed, especially ith regard to indigenous women and girls and indigenous persons with disabilities. H.E Mr. !eid Ra"ad Al Hussein, United Nations Hi%h ommissioner for Human Ri%hts, first spoke about the importance of preserving indigenous peoples' knowledge, which, according to him, is important to preserve Humanity's future through the implementation of their rights. The 'uggie's 3ramework on 5usiness and Human 'ights8 is an important stepG however, indigenous peoples' right to 3ree, )rior and (nformed -onsent *3)(-+ is still not respected enough, which raises important issues in terms of indigenous land rights. No pro?ect that affects indigenous peoples' rights should be financed, and a concern remains regarding the growing number of indigenous human rights defenders who were killed. )ositive examples can be mentioned in terms of regional instruments based on !ND'(), still, however, with a lack of access to ?ustice in terms of collective rights. Mr. Ale&ey 'sy(arev made a statement regarding the election of the officers: Mr. Al)ert *arum+ has )een elected hair, and Ms. Eri(a -amada and Ms. Laila Vars as Vice- hairs. (n his opening statement, the re4elected hair of the E&pert Mechanism, Mr. Al)ert *arum+, introduced the two studies that %&'() conducted for this session: a study on good practices and challenges in business and access to financial services by indigenous peoples0 and a report on the ten years of the implementation of the !ND'(): good practices and lessons learned H 077C4078C.. He further discussed 1 ,/H'-/ 9 /1 2 ,/H'-/ %&'()/078C/-').8 3 ,/H' -/%&'()/078C / -').0 0/89 the work done by %&'() members during this past year, which highlighted the importance of the role of %&'() with the ne mandate and that this was the first session with the seven expert members H &s. >irsten -arpenter being absent for an unforeseen reason. He also presented the inter-sessional activities that were held in 5oulder, -olorado, !S, for the expert seminar on good practices and challenges for indigenous peoples' entrepreneurshipG and meetings in -anada and 'ussia to discuss the new mandate and the methods of work. E Ne mandate of the %#pert &echanism on the 'ights of (ndigenous )eoples: ,ctivities and methods of work $pening remarks were made by several e#pert members. Mr. Al)ert *arum+ briefly presented the ne mandate. 3rom no on, %&'() members have the capacity: 8. to provide advice upon request to States on the implementation of their national policies related to indigenous peoples and in the realm of the !niversal )eriodic 'evie *!)'+ and the treaty bodiesG 0. to engage ith the private sector to facilitate the dialogueG .. to freely choose the theme of the next %&'() study, to achieve the ends of !ND'() and to gather all of the necessary information for the fulfillment of the mandate. He also commented on the need to build mutual trust between the parties to create an enabling environment for dialogue. Ms. Eri(a -amada further developed this idea by raising this unique opportunity to establish dialogue with States and to improve indigenous peoples' situation in4country. Mr. Ale&ey 'sy(arev talked about the need to consider this mandate as comprehensive, which gives opportunities such as providing information to the H'- about human rights defenders and the engagement ith the private sector during inter-sessional activities. Several States took the floor to welcome this ne mandate. Finland, on )ehalf of the Nordic countries, welcomed the ne %&'() mandate as a key achievement of the outcome document of the Iorld -onference on (ndigenous )eoples *I-()+@, noting the importance of country engagement in this process. 'he European Union encouraged %&'() to develop a six years' work program that would be publicly available, to provide transparency and better coordination with the !nited Nations )ermanent 3orum on (ndigenous (ssues *!N)3((+ and the Special 'apporteur on the 'ights of (ndigenous )eoples *S''()+. This last point was also raised by anada. Australia highlighted the need for %&'() to reinforce its collaboration with all human rights mechanisms ithin the !N system. Me&ico recalled the importance of the revised mandate for the implementation of indigenous peoples' rights worldwide. Guatemala welcomed the ne %&'() mandate by reiterating the opportunity it provides to further strengthen the collaboration with other mechanisms to achieve the ends of !ND'(). 'he Russian Federation warned of the limitations of the ne %&'() mandate and the possible challenges it might create in terms of country missions and collaboration with other stakeholders on the ground. USA noted that the mandates of %&'() and S''() are duplicating each other's work, and suggested that %&'() studies defer from the sub?ects of the S''() reports.
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