1. Expert Mechanism on the Rights of Indigenous Peoples
Office of the United Nations High Commissioner for
Human Rights
Expert Mechanism on the Rights of Indigenous Peoples

2. 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

3. 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
Good practices
Where to find further information

4. 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
: 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
Further Background:
1920s: representatives of Maori and Haudenosaunee brought their concerns to the League of Nations
1950s: first international treaty on indigenous peoples’ rights: ILO Convention 107 on Indigenous and Tribal Peoples
1970s: Sub-Commission on the Promotion and Protection of Human Rights authorised the preparation of a study on discrimination against indigenous peoples
1980:
Study on discrimination against indigenous peoples finalised (Cobo Study)
Working Group on Indigenous Populations established

5. Background continued 2006: 2007:
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)
Human Rights Council institution building:
The organisation of the structure of the Human Rights Council including its subsidiary bodies.

6. Place within the UN human rights system
ECOSOC
General Assembly
Human Rights Commission
PFII
Human Rights Council GA Resolution 60/251
03/04/06
GA resolution 63/161 VFIP mandate
29/06/06
GA adoption of the Declaration
Special Rapporteur
HRC – UN Declaration
HRC Resolution 12/13
HRC Resolution 9/7
Working Group on the Draft Declaration
13/09/07
Renewal of the SR
Sept.2009
24/09/08
28/09/07
Sub-Commission
Expert Mechanism on the Rights of Indigenous Peoples
HRC Resolution 6/36
First session
Resolution 6/16
Informal meeting
1-3/10/08
Working Group on Indigenous Populations
28/09/07
Second session
6-7/12/07
18/06/06
10-14/08/09
Institutional building (HRC Resolution 5/1)
Third session
12-16 July 2010
14/12/07

7. 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
Information about the informal meeting preceeding the Human Rights Council’s establishment of the Expert Mechanism is available here:

8. Mandate Resolution 6/36
Assistance for the implementation of the Council’s mandate
Advisory function
Human Rights Council requests manner and form
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:

9. Mandate Expertise mainly through studies and research-based advice
(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

10. 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 (
Reports at the same time as the Special Rapporteur on the rights of indigenous peoples

11. 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 ( )
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

13. 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

14. 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

15. Annual sessions The Expert Mechanism meets annually in Geneva
usually in July
for 5 days
Indigenous peoples, states, non- state actors, academia, national human rights institutions and others attend

16. Participation in the Expert Mechanism

17. 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 non-governmental 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;

18. 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:

19. Participation at the Expert Mechanism
Present candidate(s)
Participation in the Human Rights Council
Attend EMRIP’s session
EMRIP
Oral contributions – raise issues
Meeting with the Special Rapporteur –communication
Send contributions to studies
Meet with indigenous peoples and relevant actors

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. Participation Study Resolution 12/13 (2009): Resolution 15/7 (2010)
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

32. Participation Study Progress Report Final Report of the Study
International human rights framework
Internal decision-making processes and institutions of indigenous peoples
Participation in decison making mechanisms linked to both State and non-State 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

33. Participation Study: Progress Report
The principle of participation in decision making has a clear relationship with the right of indigenous peoples to self-determination, including the right to autonomy or self-government, and the State obligation to consult indigenous peoples in matters that may affect them, based on the principle of free, prior and informed consent.

34. 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

35. 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

36. 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 decision-making
Details about indigenous parliaments and organisations, indigenous legal systems, the role of women in decision making

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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 decision-making process obtained through genuine consultation and participation

44. 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

45. 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 decision-making 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

46. 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

47. Contribution to indigenous peoples’ rights
Providing a better understanding of Declaration provisions (through studies and research based advice)
Regular panels
UPR
Interactive dialogue
Opportunities to engage with the Human Rights Council
Coordination among indigenous peoples – strengthening the international movement
Promotion of the UNDRIP
EMRIP
Coordination with the SR and PFII – meetings with the SR during the session to join efforts
Providing a review of good practices and challenges for Declaration implementation

48. More information Website of the Expert Mechanism:
Website of the OHCHR on indigenous peoples: