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call for input | HRC subsidiary body

Call for Inputs: Study on “Laws, legislation, policies, constitutions, judicial decisions and other mechanisms in which States had taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration”

Issued by

Expert Mechanism on the Rights of Indigenous Peoples

Last updated

06 August 2024

Closed

Submissions now online (See below)

Purpose: In accordance with Human Rights Council resolution 33/25, the purpose of the annual study is to analyze the status of the rights of Indigenous Peoples worldwide in the achievement of the ends of the Declaration, focusing on one or more interrelated articles of the Declaration.
Background

Pursuant to Human Rights Council resolution 33/25, during its sixteenth session in 2023, the Expert Mechanism confirmed its decision to prepare a study on “Laws, legislation, policies, constitutions, judicial decisions and other mechanisms in which States had taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration”.

Objectives

The purpose of this study is to analyze laws, legislation, policies, constitutions, judicial decisions and other mechanisms in which States had taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration: “States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of the Declaration”. Article 38 should also be read in conjunction with paragraphs (2) in Articles 8, 11, 12, 13, 15, 16, 17, 21, 22, 30, 31, and 36, and paragraph (3) in articles 14 and 26, as well as paragraphs (2) and (3) in articles 29 and 32.

To assist all parties in contributing to this seminar, the EMRIP sets out below some of the elements it intends to focus on in its study.

Analysis of international human rights law and jurisprudence within both regional and international bodies that will serve to gain greater awareness and understanding of compliance as well as the potential for offering solutions to either individual, discrete matters or interrelated conditions that have stifled effective implementation.

Measures taken by States to implement the Declaration within the context of constitutional reforms, laws, legislation, policies, as well as judicial decisions.

Concrete actions taken by States, consistent with Article 38, to achieve the realization of the exercise and enjoyment of the collective and individual norms affirmed in the Declaration.

Judicial decisions in relation to contentious issues of concern to Indigenous Peoples will serve to illuminate legally directed outcomes and responses by government and its various departments and agencies to concretely achieve the objectives of the Declaration.

In cases where States have initiated or concluded national inquiries, analysis of actions to respond to the final reports, conclusions, and recommendations that may yield constructive examples of implementation.

Analyse measures taken by States, including legislative measures, in relation to health of Indigenous Peoples, education in their own language, protection from economic exploitation, improvement of their economic and social conditions, protection against all form of violence against women, as well as just and fair redress to mitigate adverse environmental, economic, social and cultural impact among others, as set out in  paragraphs (2) in Articles 8, 11, 12, 13, 15, 16, 17, 21, 22, 30, 31, and 36, and paragraph (3) in articles 14 and 26, as well as paragraphs (2) and (3) in articles 29 and 32.

Key questions and types of input/comments sought

Submissions should be sent by email to ohchr-expertmechanism@un.org no later than 31 January 2024, 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 study will be introduced by the Expert Mechanism at its 17th annual session, due to take place in July 2024, after which it will be finalized and presented to the Human Rights Council at its fifty-seventh session in September 2024. 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.

Inputs Received

Inputs Received
States

Denmark

Guatemala: input-1 | input-2

Malaysia

Mexico: input-1 | input-2

Russia

Spain: input-1 | input-2

NHRIs

Canadian Human Rights Commission

Comision de Derechos Humanos de la Ciudad de México

Procuador de los Derechos Humanos de Guatemala

Te Kāhui Tika Tangata New Zealand Human Rights Commission: input-1 | input-2

Indigenous Peoples and NGOs

ACPROD-BATWA RDC

Apintlaw

Assembly of First Nations – Assemblée des Premières Nations

Association of Reintegration of Crimea

British Columbia Treaty Commission

Coalition for the Human Rights of Indigenous Peoples

Comision de Derechos Humanos de los Pueblos Indigenas

Conselho Indigenista Missinario (CIMI)

Crimean Tatar Resource Center

Curating Tomorrow

Elizka Relief Foundation

Indigenous Peoples Rights International en México y el Colectivo Jamut Booó

International Indian Treaty Council

Inuit Tapiriit Kanatami-Métis National Council

LAHURNIP / Nia Tero

LAHURNIP / Nia Tero / CDDHHPI

Law Council of Australia

Lawyers' Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP)

Maat for Peace, Development and Human Rights

Manitoba Keewatinowi Okimakanak

Mr. Tijani El Hamzaoui

Native Women's Association of Canada

Ontario Native Women's Association (ONWA)

Regional Association of Indigenous Small-Numbered Peoples of the North of the Krasnoyarsk Territory

Regional Association of Indigenous Small-Numbered Peoples of the North of the Krasnoyarsk Territory / the Union of Indigenous Peoples (SOYUZ) / Siberian Federal University

Saami Council

Standing Water Nation - La Nation de l'Eau Permanente

Tŝilhqot’in National Government

Voice of Indigenous People for Justice and Peace

West Papua Interest Association

National bodies

Province of British Columbia, Canada

Academia

Clinique de Droit International d'Assas

Szabist University – Rule of Law Center

University of Arizona College of Law

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