Office of the United Nations High Commissioner for
Human Rights
Expert Mechanism on the
Rights of Indigenous Peoples
Outline
 Background to the Expert Mechanism
 Placement of the Expert Mechanism within the UN’s human
rights system
 Establishment of the Expert Mechanism, 2007
 Mandate of the Expert Mechanism:
 Human Rights Council Resolution 6/36 (2007)
 Composition of the Expert Mechanism
 Sessions of the Expert Mechanism
 Participation in the Expert Mechanism, including its annual
sessions
 Preparing a statement for presentation at the annual session
Outline continued
 Role of the Office of the High Commissioner for Human Rights
 Expert Mechanism Study on Education
 Approach
 Advice
 Expert Mechanism Study on Participation
 Approach
 Good practices
 Advice
 Where to find further information
Background to the Expert Mechanism on the
Rights of Indigenous Peoples
 1982: Working Group on Indigenous Populations (WGIP)
 Under the Commission on Human Rights and Sub-Commission on the Protection and
Promotion of Human Rights (Sub-Commission)
 Composed of 5 members of the Sub-Commission
 Mandate to review developments re the promotion and protection of indigenous
peoples’ rights and to evolve international standards on indigenous peoples’ rights
 Open participation, including indigenous peoples’ representatives
 1985: Drafting of the declaration began in the WGIP
 1993: WGIP draft of declaration finalised
 1994:
 Sub-Commission approved the WGIP draft declaration
 Draft declaration submitted to the Commission on Human Rights
 1995 - 2006: Commission on Human Rights established the Working Group on the draft
declaration in 1995
 Indigenous peoples, states and others contribute to drafting the declaration during
annual sessions of the Working Group on the draft declaration
Background continued
 2006:
 Dissolution of the Commission on Human Rights (including
subsidiary bodies such as the WGIP) and replacement with
the Human Rights Council
 Human Rights Council «institution building» began
 Approval of Declaration at the Human Rights Council (June
2006)
 2007:
 Agreement on the structure of the Human Rights Council
and its subsidiary bodies
 Expert Mechanism on the Rights of Indigenous Peoples
established by the Human Rights Council
 Adoption of the Declaration on the Rights of Indigenous
Peoples in the General Assembly (Sept 2007)
Place within the UN human rights system
ECOSOC
PFII
General Assembly
Human Rights
Commission
03/04/06
Human Rights Council GA Resolution 60/251
29/06/06
Special
Rapporteur
HRC – UN
Declaration
Working Group on
the Draft
Declaration
Renewal of
the SR
GA adoption
of the
Declaration
13/09/07
HRC Resolution
9/7
HRC Resolution
12/13
Sept.2009
24/09/08
28/09/07
SubCommission
Working Group on
Indigenous
Populations
GA resolution
63/161 VFIP
mandate
Resolution
6/16
Informal
meeting
28/09/07
18/06/06
Institutional
building (HRC
Resolution 5/1)
6-7/12/07
Expert
Mechanism on
the Rights of
Indigenous
Peoples
HRC Resolution
6/36
First session
1-3/10/08
Second session
10-14/08/09
Third session
12-16 July 2010
14/12/07
Establishment of the Expert Mechanism
 Negotiations 2006 and 2007
 Inside and outside the formal sessions of the Human Rights
Council, during its institution building process
 Indigenous peoples lobbied for the Expert Mechanism
 Informal meeting preceeding the Human Rights Council’s
adoption of the resolution establishing the Expert Mechanism
 Mandate of the Expert Mechanism created under Human
Rights Council Resolution 6/36 of 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
Reporting to the Council
2. Also decides that this
mechanism shall report
annually to the Council on
its work;
 Formal presentation at the 10th
(2008), 12th (2009), 15th (2010)
and 18th (2011) sessions of the
Human Rights Council
 New: 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;
Experts (2008-2011)
John Henriksen (Norway)
Jannie Lasimbang (Malaysia)
José Mencio Molintas (Philippines)
José Carlos Morales Morales (Costa
Rica)
Catherine Odimba (Democratic
Republic of Congo)
2011
Vital Bambanze (Burundi): 1 yr (Chair
2011)
Anastasia Chukhman (Russian Fed): 2 yrs
Jannie Lasimbang (Malaysia): 3 yrs
Wilton Littlechild (Canada): 3 yrs
José Carlos Morales Morales (Costa Rica):
2 yrs
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

in Geneva

usually in July

for 5 days
Indigenous peoples, states, nonstate actors, academia, national
human rights institutions and
others attend
Participation in the Expert Mechanism
Participation
 Resolution 6/36:
 shall be open to the participation, as observers, of States, United Nations
mechanisms, bodies and specialized agencies, funds and programmes,
intergovernmental organizations, regional organizations and mechanisms in the field
of human rights, national human rights institutions and other relevant national
bodies, academics and experts on indigenous issues, non-governmental
organizations in consultative status with the Economic and Social Council;
 the meeting shall also be open to indigenous peoples’ organizations and nongovernmental organizations, whose aims and purposes are in conformity with the
spirit, purposes and principles of the Charter of the United Nations, based on
arrangements, including Economic and Social Council resolution 1996/31 of 25 July
1996, and practices observed by the Commission on Human Rights, through an open
and transparent accreditation procedure in accordance with the rules of procedure
of the Human Rights Council, which will provide for the timely information on
participation and consultation with States concerned;
Participation
 Accreditation procedure
 Open
 Internet-based
 Available before the annual session on the Expert Mechanism’s
website
 Agenda items can include: current study, past studies, the
Declaration on the Rights of Indigenous Peoples
 Funding can be sought from the UN’s Voluntary Fund for
Indigenous Populations:
http://www.ohchr.org/EN/Issues/IPeoples/IPeoplesFund/Pages/IP
eoplesFundIndex.aspx
Participation at the Expert Mechanism
Present
candidate(s)
Attend EMRIP’s
session
Oral
contributions –
raise issues
Meet with
indigenous
peoples and
relevant actors
Meeting with the
Special Rapporteur
–communication
Participation in
the Human Rights
Council
EMRIP
Send contributions
to studies
Guidance for Statements at the Expert
Mechanism’s sessions









Note the agenda item to which you would like to speak
Sign up to speak on the agenda item
Prepare written statement
Make copies of statement (DoCIP usually provides copying
services) for distribution by the secretariat
Speak to the topic
5 minutes
Be clear
Speak slowly (as statement will be simultaneously translated)
NB: The Expert Mechanism cannot address specific allegations of
violations of indigenous peoples’ rights
Role of the OHCHR
 The Office of the High Commissioner for Human Rights (OHCHR)




Is the secretariat of the Expert Mechanism
Provides logistical support
Provides substantive support
Holds expert workshops in relation to the Expert Mechanism’s
studies
 The High Commissioner for Human Rights
 Usually opens the Expert Mechanism’s annual session
Expert Mechanism studies
 Based on:




Research undertaken by experts
Submissions during sessions of the Expert Mechanism
Expert seminars
Contributions from:
 States
 Indigenous peoples – individuals and representatives of indigenous
peoples
 Academic institutions
 National human rights institutions
 Non-state actors
Education Study
 Resolution 9/7: prepare a study on lessons learned and
challenges to achieve the implementation of the right of
indigenous peoples to education
 Structure of the study:
 Human rights based analysis of the scope and content of the
right to education;
 Indigenous education systems and institutions;
 Lessons learned;
 Challenges and measures to achieve the implementation of the
right of indigenous peoples to education; and
 The Expert Mechanism Advice No.1 on the right of indigenous
peoples to education
Education Study
 Recognition of education as a basic human right – generally and
specifically in relation to indigenous peoples: review of relevant
human rights standards, including under the Declaration on the
Rights of Indigenous Peoples
 Indigenous peoples’ education contributes to both individual and
community development
 Education is an important means for the enjoyment, maintenance
and respect of indigenous cultures, languages, traditions and
traditional knowledge
 Form and substance of education have to be culturally appropriate
and acceptable to indigenous peoples
Education Study
 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
Education Study
 Lessons learned:
 Constitutional recognition of indigenous peoples and the
adoption of related national laws and policies on
education is considered a priority in the application of the
right of indigenous peoples to education
 The provision of resources and attaching a high priority to
the education of indigenous peoples are of utmost
importance
Education Study
 Challenges and measures include:
 Lack of control over education initiatives for indigenous children
 Lack of consultation on the development and implementation of
educational services provided to indigenous peoples
 Limited consideration given to autonomy and participation of
indigenous peoples in the delivery of educational services
 The imposition of mainstream education on indigenous children
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
 The right to education for indigenous peoples is a holistic concept
incorporating mental, physical, spiritual, cultural and
environmental dimensions
 Governments are urged to attach importance to building
understanding and respect for traditional methods of teaching and
learning
Advice on the Rights of Indigenous Peoples to
Education
 Indigenous peoples, in exercising their right to self-determination,
have the right to education autonomy….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
 The right of indigenous peoples to educational autonomy includes
the right to decide their own educational priorities and to
participate effectively in the formulation, implementation and
evaluation of education plans, programmes and services that may
affect them, as well as the right to establish and control their own
education systems and institutions, if they so choose
Advice on the Rights of Indigenous Peoples to
Education
 The Expert Mechanism recommends that States identify specific
challenges and possible measures to achieve the implementation
of the right of indigenous peoples to education in their specific
countries, in consultation and cooperation with indigenous
peoples
Participation Study
 Resolution 12/13 (2009):
 To carry out a study on indigenous peoples and the right to
participate in decision making
 To present a progress report at the Council’s 15th session (2010)
 To present the final study to the 18th session (2011)
 Resolution 15/7 (2010)
 Welcomed the completion of the progress report
 Requested the Expert Mechanism to give examples of good
practices of indigenous peoples’ participation at different levels
of decision making
 Final study finalised July 2011
Participation Study
 Progress Report
 International human rights framework
 Internal decision-making processes and institutions of indigenous peoples
 Participation in decison making mechanisms linked to both State and nonState institutions and processes affecting indigenous peoples
 Final Report of the Study
 Defining good practices
 Good practices in relation to indigenous peoples’ internal decision-making
processes and institutions
 Good practices in relation to decision making mechanisms linked to the State
and relevant non-State institutions and processes affecting indigenous
peoples
 Advice No 2 on indigenous peoples and the right to participate in decision
making
Participation Study: Progress Report
 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.
Participation Study: Progress Report
 Examination of the human rights framework on the right to
participate in decision making generally and specifically in
relation to indigenous peoples, including under human rights
treaties, ILO Convention No 169 on Indigenous and Tribal
Peoples, the Declaration on the Rights of Indigenous Peoples and
regional instruments and jurisprudence (eg Inter-American and
African human rights systems)
 The right has collective and individual dimensions
 Requirements of consultation with and, in some cases, the
consent of indigenous peoples under international standards
Participation Study: Progress Report
 Indigenous peoples have the right to make their own
independent decisions through which they determine
their own political status and pursue their economic,
social and cultural development
 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
Participation Study: Progress Report
 Free, prior and informed consent:
 Consistent jurisprudence from treaties and from human rights treaty
bodies cited
 Internal decision-making processes of indigenous peoples:
 Guided by traditional indigenous legal systems
 Can include adjudication and dispute-resolution procedures
 Pressures from influence of contemporary structures of decisionmaking
 Details about indigenous parliaments and organisations, indigenous
legal systems, the role of women in decision making
Participation Study: Progress Report
 Transformation and challenges of indigenous governance
 Forced adaptation of traditional decision-making
 Failures to include indigenous women in decision making in some
communities
 Participation in «external» decision making processes
 Sometimes indigenous peoples are in the minority, meaning the
majority can outvote them
 Sometimes special measures guarantee seats for indigenous in
parliaments, sometimes not
 Sometimes indigenous autonomous regions are recognised
Participation Report: Final Study
 Approach to good practices
 Based on the Declaration on the Rights of Indigenous
Peoples
 Difficult to define «good»
 Expert Mechanism does not verify that all practices are
objectively good in every respect. It only indicates that
certain elements of certain practices appear to have
positive aspects based on its research and submissions
received
Participation Report: Final Study
 Internal decision-making: good practices
 Generally internal decision making facilitates the
participation of indigenous peoples and individuals in
public affairs in ways that are philosophically and culturally
consistent with indigenous peoples’ understanding of
governance
 Include Kuna Yala Comarca, American Indian nations,
Saami parliaments, Philippines indigenous consultative
bodies, New Caledonia customary senate, Chittigong Hill
Tracts dispute resolution procedures, Mexican
constitutional recognition of indigenous forms of
governance
Participation Report: Final Study
 Participation in external decision-making processes







guaranteed representation of indigenous peoples in Parliaments
institutions permitting direct indigenous participation in governance
consultation with indigenous peoples on matters that affect them
shared governance with state bodies
examples of consultation and consent seeking of indigenous peoples
participation in regional and international forums and processes
enhanced participation of indigenous peoples in national human
rights institutions
Advice No 2 on Participation in Decision Making
 Indigenous peoples’ right to participate in decision making is a
substantive as well as a procedural right
 Consultations with indigenous peoples need to allow for the full
expression of indigenous peoples’ views, in a timely manner and
based on their full understanding of the issues involved, so that
they may be able to affect the outcome and consensus may be
achieved
 Consultations also need to be undertaken in good faith, mutual
trust and transparency, allowing indigenous peoples sufficient
time to engage their own decision-making processes and the
objective should be to achieve agreement or consensus
Advice No 2 on Participation in Decision Making
 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
 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
Advice No 2 on Participation in Decision Making
 The duty of the State to obtain indigenous peoples’
free, prior and informed consent entitles indigenous
peoples to effectively determine the outcome of
decision-making that affects them, not merely a
right to be involved in such processes
 Consent is a significant element of the decisionmaking process obtained through genuine
consultation and participation
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
Advice No 2 on Participation in Decison Making
 «free» implies no coercion, intimidation or manipulation;
 «prior» implies that consent is obtained in advance of the activity
associated with the decisions being made, and includes the time
necessary to allow indigenous peoples to undertake their own decisionmaking processes;
 «informed» implies that indigenous peoples have been provided all
information relating to the activity and that that information is
objective, accurate and presented in a manner and form that is
understandable to indigenous peoples; and
 «consent» implies that idnigenous peoples have agreed to the activity
that is the subject of the relevant decision, which may also be subject to
conditions
Resolution 18/8 (Sept 2011)
 Next study: cultures and languages
 Request to continue to build on previous studies, including on
participation
 Undertake a questionnaire survey to seek the views of States on
best practices regarding the possible appropriate measures and
implementation strategies to attain the goals of the Declaration
 Discuss the World Conference on Indigenous Peoples to
contribute the exploration of the modalities of the meeting,
including indigenous peoples’ participation at the Conference
and its preparatory process
Contribution to indigenous peoples’ rights
Providing a better
understanding of
Declaration provisions
(through studies and
research based advice)
Promotion of
the UNDRIP
Providing a review of
good practices and
challenges for
Declaration
implementation
Opportunities to
engage with the
Human Rights Council
EMRIP
Coordination with the
SR and PFII – meetings
with the SR during the
session to join efforts
Regular panels
UPR
Interactive dialogue
Coordination among
indigenous peoples –
strengthening the
international movement
More information
 Website of the Expert Mechanism:
 http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/E
MRIPIndex.aspx
 Website of the OHCHR on indigenous peoples:
 http://www2.ohchr.org/english/issues/indigenous/index.h
tm