Background

Pursuant to Human Rights Council resolution 33/25, during its seventeenth session in 2024, the Expert Mechanism confirmed its decision to prepare a study on “Indigenous Peoples right to data, including data collection and disaggregation”. 

The studies and advice of the Expert Mechanism provide a better understanding of the provisions of the Declaration and propose concrete actions that States, Indigenous Peoples, civil society, national human rights institutions, intergovernmental, international and regional organizations, businesses, and others can take in order to further its implementation. 

Objectives

The purpose of this study is to highlight the significant value of data to Indigenous Peoples while analyzing the right to data, including through collection and disaggregation. It draws on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), in accordance with Articles 3, 4, 5, 15(i), 18, 19, 20(i), 23, 31, 32, 33, 38, and 42, which reaffirm the rights of Indigenous Peoples to control data regarding their peoples, lands, and resources. Indigenous data governance enacts those rights through mechanisms grounded in Indigenous rights and interests that promote Indigenous values and equity, while providing a framework for addressing deeper historical issues associated with barriers for underrepresented communities and knowledge systems. Data on indigenous women requires specific attention.

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 the rights of Indigenous Peoples to data.

Challenges to data collection and disaggregation concerning Indigenous Peoples: In all relevant data collection exercises, questions on Indigenous identity with full respect for the right of self-identification have to be included. It is important to develop multiple criteria with local Indigenous Peoples’ active and effective participation to accurately capture identity and socio-economic conditions. variation in the definitions of “Indigenous Peoples” has a direct impact when collecting data. 

Data on Indigenous women: Indigenous women suffer compounds forms of discrimination. This has resulted in higher degrees of poverty, limited access to healthcare services, information and communication technology, infrastructure, financial services, education and employment, and higher rates of violence. In order to secure the rights of indigenous girls and women, States must engage in data collection efforts to fully assess the situation of Indigenous women and girls and the forms of discrimination and gender-based violence that they face. States must undertake efforts to collect data, disaggregated by a range of factors, including sex; age; Indigenous origin, status or identity. 

Data and sustainable development: This will focus on the role of data in reforming laws, policies, programmes and support measures at the national, subnational and local levels. Data is important for the effective monitoring of State actions, including in the context of consultations with States prior to their periodic reporting to Treaty Bodies and under the Universal Periodic Review. Improving socio-economic conditions, creating development assistance programs, and taking into account the interests of social subgroups in the situation of vulnerability requires reliable and complete statistical data on Indigenous Peoples, obtained both as a result of government censuses and independently obtained, including by Indigenous Peoples themselves.

Data and the right to self-determination: Measures taken by States to implement the Declaration within the context of data collection to comply with the right of self-determination. Indigenous Peoples' rights of self-determination means that they have the right, in line with evolutions in knowledge, technology, data, and other advancements. 

Data and the right to free, prior and informed consent: Data collection concerning Indigenous Peoples should follow the right of free, prior and informed consent at all levels and the human rights of Indigenous Peoples. On the other hand, data collection and disclosure of comprehensive project related information is crucial for the fulfillment of the principle of the right to free, prior and informed consent. Data is an important tool for Indigenous Peoples’ dialogue with States and businesses. For Indigenous Peoples living in voluntary isolation, data collection exercises should not be used as a pretext for establishing forced contact.

Data and participation. Indigenous Peoples should fully participate as equal partners, in all stages of data collection, including planning, implementation, analysis and dissemination, access and return, with appropriate resourcing and capacity-building. Data collection must respond to the priorities and aims of Indigenous Peoples themselves. Participation of Indigenous Peoples in the conceptualization, implementation, reporting, storing, processing, analysis and dissemination of data collected is crucial, at both the country and international levels. Indigenous Peoples should be trained and employed by data-collection institutions and have access to all data concerning them. 

Indigenous data governance and sovereignty: This focuses on the aspirations of Indigenous Peoples to extend their inherent right of self-determination over research data, especially in an era of increasing digitization and novel forms of sharing information. Indigenous Peoples should be able to preserve from disclosure data concerning their traditional knowledge and sacred sites. Collection of all Indigenous Peoples related data is subject to ethical standards and respect for human rights. Data and the right of self-determination supports the concept of Indigenous data sovereignty.  Although the concept of Indigenous Data Protection and Data Sovereignty is relatively new it is defined as “the right of Indigenous peoples to own, control, access, and possess data that derive from them, and which pertain to [tribal] membership, knowledge systems, customs or territories.

Key questions and types of input/comments sought

Submissions should be sent by email to ohchr-expertmechanism@un.org no later than 31 January 2025, 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 18th annual session, due to take place in July 2025, after which it will be finalized and presented to the Human Rights Council at its sixtieth session in September 2025. The Expert Mechanism hereby requests contributions from Indigenous Peoples, States, National Human Rights Institutions, Academics, and other Stakeholders, including UN departments, agencies, programmes and funds, for this report. Please note whether the submission is confidential and should not be shared publicly.