Pursuant to Human Rights Council resolution 33/25, during its fifteenth session in 2022, the Expert Mechanism confirmed its decision to prepare a report on Establishing monitoring mechanisms at the national and regional level for implementation of the UN Declaration on the rights of Indigenous Peoples.

The Declaration was adopted through resolution 61/295 of the UN General Assembly. The Declaration does not create new rights for indigenous peoples. However, it elaborates on existing human rights standards and articulates them as they apply to the situation of indigenous peoples. The rights of indigenous peoples are grounded in international human rights instruments wherein most States are parties to it. Provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Elimination of All Forms of Racial Discrimination are particularly relevant to indigenous peoples` issues.

Objectives

The report will address efforts to implement the Declaration.  In its preamble, the UNDRIP encourages States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned. Furthermore, Article 38 of the UNDRIP requires States in consultation and cooperation with indigenous peoples, to take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 42 establishes that States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

The purpose of this report is focussed in advancing, as well as monitoring progress on implementation of the UNDRIP at the national and regional levels. 

To assist all parties in contributing to this report, the Expert Mechanism sets out below some of the elements it intends to focus on, but is not limited to, in its report.

• The international legal framework pertaining to the establishment of monitoring mechanisms regarding the Implementation of the UN Declaration on the Rights of Indigenous Peoples;
• Priorities of the monitoring mechanisms relative to Indigenous Peoples rights: inter alia: self-determination; free, prior and informed consent; equality and non-discrimination, culture; land, territories and resources; constitutional and legal reform, establishment of treaties and agreements, the development of a national plan of action to facilitate better implementation of the Declaration;
• Participation of Indigenous Peoples in the establishment of monitoring mechanisms;
• State and regional practices on existing monitoring mechanisms for the implementation of the UNDRIP, including existing examples on the purpose and the mandate of those mechanisms;
• National human rights institutions existing practices in the monitoring of the UNDRIP in their work, including through awareness raising activities, the analysis of the compatibility of existing laws with the UNDRIP, level of implementation of existing legal frameworks compliant with the UNDRIP, creating mechanisms to receive complaints about violations of the rights enshrined in the UNDRIP, and the production of annual reports on the implementation of the UNDRIP for national, regional and international bodies, including the EMRIP.

Key questions and types of input/comments sought

Submissions should be sent by email to ohchr-expertmechanism@un.org no later than 17 March 2023, in English, French, Spanish or Russian, in WORD format and no longer than 5 pages. Submissions should focus on the theme contained as above. 

How inputs will be used

A draft report will be introduced by the Expert Mechanism at its 16^th annual session, due to take place in July 2023, after which it will be finalized and presented to the Human Rights Council at its fifty-fourth session in September 2023. The Expert Mechanism hereby requests contributions from Indigenous Peoples, States, National Human Rights Institutions, Academics, and other Stakeholders for this report. Please note whether the submission is confidential and should not be shared publicly.