人权理事会听取了关于土著问题的报告介绍（部分翻译）

人权理事会
上午

2015年9月22日

人权理事会结束关于需提请其注意的人权状况的一般性辩论

人权理事会今天上午听取了土著人民权利问题特别报告员以及土著人民权利专家机制介绍报告，并听取了联合国援助土著人民自愿基金董事会的发言。会议开始，理事会通过听取一系列非政府组织提出的关于世界各国和各个地区发生的人权侵犯行为的指控，结束了关于需提请其注意的人权状况的一般性辩论。

土著人民权利问题特别报告员维多利亚•托利•科尔普斯（Victoria Tauli Corpuz）在呈报其报告时表示，2015年持续是土著人民历史性的一年，但是，填补国际和国家层面对土著人民权利日益增强的认知与实地落实情况之间的差距仍是当务之急。特别报告员提请注意土著妇女和女孩遭受复杂、多层面和相互加固的人权侵犯行为的情况，它们本身已令人警惕，而且还构成了一种结构性暴力的形式。许多国家大部分土著人民身处的极端情况仍是现实，而联合国处理这一情况所作出的贡献极为重要。

土著人民权利专家机制主席兼报告员阿列克谢•契卡热夫（Alexey Tsykarev）呈报了关于土著人民文化遗产的权利的研究，以及关于实现《联合国土著人民权利宣言》目标的适当措施和落实策略的最佳做法的更新报告。在世界土著人民会议召开之前，专家机制提倡土著人民应充分且有效地参与整个过程，包括成果文件的起草，并强调了土著人民在2015年后发展议程中的参与必须以《联合国土著人民权利宣言》为基础。

联合国援助土著人民自愿基金董事会成员米尔娜•坎宁安•凯恩（Myrna Cunningham Kain）表示，2014年因世界土著人民会议在纽约召开而成为尤其重要的一年。基金已确保105位土著代表在这一里程碑事件中的参与。同年，基金已支持66位代表参与一系列其他相关活动，包括数个人权条约机构。2015年尤为重要的活动是对世界会议成果文件的后续工作。

在会议开始时，人权理事会结束了需要提请理事会注意的有关人权状况的一般性辩论。理事会于9月21日（周一）开始举行一般性辩论，总结可以在这里阅读。

非政府组织发言人提出了对于世界各国和各个地区人权侵犯行为的关注，尤其是针对平民的袭击、任意拘留、骚扰人权维护者、限制言论自由和集会自由以及侵犯自决权的行为。

在一般性辩论中发言的非政府组织包括：国际罐头业常设委员会（Canners International Permanent Committee）、阿拉伯法学家联合会（Union of Arab Jurists）、保护受威胁人民协会（Society for Threatened Peoples）、国际促进非洲民主协会（International Association for Democracy in Africa）、泛非科学和技术联盟（Pan-African Union for Science and Technology）、希亚姆酷刑受害者康复中心（Khiam Rehabilitation Centre for Victims of Torture）、伊朗精英研究中心（Iranian Elite Research Center）、维护暴力受害者组织（Organization for Defending Victims of Violence）、促进民主的美国人联盟（Americans for Democracy）、少数人权利团体 （Minority Rights Group）、萨拉玛基金会（Alsalam Foundation）、人权之家基金会（Human Rights House Foundation）、国际方济会、亚洲人权与发展论坛（Asian Forum for Human Rights and Development）、加拿大律师人权观察（Lawyers’ Rights Watch Canada）、反对一切形式的歧视和种族主义国际运动（International Movement Against All Forms of Discrimination and Racism）、欧洲公共关系联合会（European Union of Public Relations）、人权机构、保护和促进人权协会联合会（Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos）、全球巴鲁阿组织（World Barua Organization）、非洲之声（Africa Speaks）、马利基和平与发展基金会（Maarij Foundation for Peace and Development）、联合国观察、阿拉伯人权委员会、国际青年和学生拥护联合国运动（International Youth and Student Movement for the United Nations）、公民参与世界联盟 （Civicus）、世界环境与资源理事会（World Environment Resource Council）、开罗人权研究所（Cairo Institute for Human Rights Studies，联合声明）、莫保罗络社会和文化发展协会 （Mbororo Social and Cultural Development Association）、人权与和平倡导中心（Centre for Human Rights and Peace Advocacy）、解放组织（Liberation）、和平组织问题研究委员会（Commission to Study the Organization of Peace）、喀麦隆青年和学生论坛（Cameroon Youths and Student Forum）、国际发展机构联合会（Agence International pour le Développement）、探索中心（Center for Inquiry）、世界犹太人大会（World Jewish Congress）、保护恐怖主义受害者协会（Association for Defending Victims of Terrorism）、国际人道与伦理联合会（International Humanist and Ethical Union）、残疾人联盟（League of Persons with Disabilities）、英国人道主义协会（British Humanist Association）、国际妇女人权协会（Women’s Human Rights International Association）、非洲交流与促进国际经济合作组织（ OCAPROCE Internationale）、非洲维护人权会议（Rencontre Africaine pour la Défense des Droits de l'Homme）、南风协会（Sudwind）、大湖区和平与发展行动国际组织（Action Internationale pour la paix et le developpement dans la region des Grands Lacs）、杜恩约协会（Association Dunenyo）、非洲发展协会（African Development Association）、遵守和实施非洲人权和人民权利宪章国际委员会（CIRAC）、亚洲法律资源中心（Asian Legal Aid Resource Centre）、俄罗斯选举法公共研究所（Russian Public Institute of Electoral Law）、非洲文化国际组织（Africa Culture Internationale）、捍卫自由联盟（Alliance Defending Freedom）、非洲卫生和人权促进者委员会（Commission Africaine des Promoteurs de la Santé et des Droits de l’Homme）、世界福音派教会联盟（World Evangelical Alliance）、新闻标志运动（Press Emblem Campaign）、哈基姆基金会（Al-Hakim Foundation）、南美洲印第安人理事会（Indian Council of South America）、欧洲人文联合会（European Humanist Federation）、国际职业支助协会（International Career Support Association）、柏拉哈尔（Prahar）以及国际特赦组织。

泰国、立陶宛、菲律宾和伊拉克行使答辩权并做了发言。

与土著人民权利问题特别报告员以及与土著人民权利专家机制进行的集体互动对话将于下午3点举行，在对话之前将开展关于土著人民权利的年度半日讨论，主要关注世界土著人民会议及其成果文件的后续工作。

General Debate on Human Rights Situations that Require the Council’s Attention

Canners International Permanent Committee said that China had become a major economic power and shifted from a centrally planned to a market economy. All the Millennium Development Goals had been reached or nearly reached. Millions of people had been raised from poverty. Substantial progress had been made in human development indicators. Chinese laws guaranteed the equality of women and protected them from any form of discrimination.

Union of Arab Jurists, in a joint statement with Geneva International Centre for Justice, drew attention to the fact that the voices of millions of Iraqi citizens continued to go unheard. They demanded more than access to water and electricity. It was estimated that more than 800 million dollars were unlawfully transferred every week. It was a disgrace that people were forced to live without access to basic services.

Society for Threatened Peoples drew attention to the increasing number of deaths due to torture in the Tibet Autonomous Region and adjacent area where Tibetans lived. Former political prisoners had described innumerable cruel and degrading forms of torture methods, including electric shocks, severe beatings, starvation and many more perpetrated by Chinese security forces.

International Association for Democracy in Africa said there were cases where women were not included in the human rights framework, such as in Pakistan where girls were denied access to education. Violent extremists there targeted women and girls, and Pakistan was the lowest ranking country in terms of female equality.

Pan-African Union for Science and Technology raised concerns over the use of mercenaries during conflicts, including in Bahrain, Angola, Sierra Leone and the Democratic Republic of the Congo, as a tool of impeding the right of people to self-determination.

Khiam Rehabilitation Center for Victims of Torture was concerned about crimes against humanity by the Government of Bahrain. The people of Bahrain were subjected to barbarous attacks, and the Council had to establish a Commission of Inquiry to monitor developments there. It also voiced concerns over the use of the death penalty in Saudi Arabia, and over the harassment of human rights defenders in those two countries.

Iranian Elite Research Center was concerned about arbitrary detention of Palestinian children in Israel, in violation of international human rights standards. Children in detention were often beaten, threatened and sexually abused, and forced to give confessions about throwing stones and other offenses.

Organization for Defending Victims of Violence was concerned about the killings of civilians in Yemen, and said that children’s conditions there were alarming. Medical centres, mosques and schools had been destroyed. The Council should conduct a special investigation on the human rights violations in Yemen, especially after the coalition intervention.

Americans for Democracy and Human Rights in Bahrain Inc raised deep concern about the Saudi criminal justice system, which continued to perpetuate torture and degrading treatment, violate due process rights, and imprison peaceful civil society activists. Saudi law enforcement agents frequently tortured suspects in order to coerce confessions. It called on Saudi Arabia to legally define torture and enforce current legislation criminalizing acts of torture domestically.

Minority Rights Group drew attention to the ongoing attacks on minorities in Iraq, such as the Yazidis. Members of the Shabak minority were also targeted. Incidents of torture, kidnappings and unlawful detention of Christians were also documented. In the Kurdish region of Iraq many members of Yazidis were beaten, detained and arrested by the Kurdish forces.

Alsalam Foundation voiced concern over the ongoing human rights crisis in Bahrain, where prominent human rights defenders had suffered torture, unfair trials and arbitrary detention. The leading political opposition figures in Bahrain faced new prison sentences in 2015. Bahrain’s national human rights mechanisms lacked any form of credibility, transparency or efficacy.

Human Rights House Foundation reminded the Council of the excessive use of force during elections in Belarus and Azerbaijan, where civil society actors were in prison or had fled the country. There were no free elections in the Russian Federation either, whereas in the Republic of Moldova and Ukraine, human rights lawyers worked in a harsh atmosphere.

Franciscans International raised concerns about the killing of indigenous leaders in the Philippines by the paramilitary group Magahat. This violated indigenous people’s right to life, who were marginalized and neglected by the State. The Government should immediately investigate these killings and bring the perpetrators to justice.

Asian Forum for Human Rights and Development raised concerns about legislation in Malaysia used to restrict freedoms of expression and assembly. In Thailand, repressive legislation continued to restrict the free flow of information, while activists, opposition leaders, journalists and academics faced arbitrary detention. In Bangladesh, bloggers advocating pluralist religious views and criticizing extremism faced increased attacks by non-state actors, while the Government increasingly arrested dissenters.

Lawyers’ Rights Watch Canada, in a joint statement with Asian Legal Resource Centre; Lawyers for Lawyers; and World Organisation Aginast Torture raised concerns about arbitrary detention and enforced disappearances of human rights lawyers in China. The Council should request that China release all prisoners of conscience, and allow a visit from the Special Rapporteur on the independence of judges and lawyers. The Office of the High Commissioner should publically report on the situation of human rights lawyers in China.

International Movement against All Forms of Discrimination and Racism was concerned about widespread discrimination against the Dalit communities in Nepal in the relief response to the earthquake. It also voiced concern about the alarming situation in Okinawa, Japan, and urged the Government of Japan to recognize people there as indigenous and to respect their right to self-determination.

European Union of Public Relations stressed that minority rights and gender equality were at the centre of the international framework of human rights. All rights were interrelated, whereas gender and minority issues were interdependent. Minority women faced double discrimination and it was in many societies that such discrimination was sponsored by the State, such as in Bangladesh.

Agence pour les droits de l’homme addressed the deteriorating migrant crisis that had gripped Europe and highlighted issues in refugee protection. As thousands of refugees streamed into southeast and eastern Europe, it was clear that some countries had not properly responded to the basic needs of asylum seekers, such as in Hungary and Bulgaria.

Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos called attention to attempts to document various human rights violations by Morocco in Western Sahara. Recently there was an attempt to indict 11 military and Government officials. However, they were acquitted. There were some 400 cases of forced disappearances. But, the Government had not taken any step to investigate them.

World Barua Organization called attention to racial discrimination in India where security forces were deployed and enjoyed impunity for any of their actions. Under India’s Armed Forces Special Powers, security forces had been terrorizing local populations for several decades. India did not live up to its international obligations to eliminate all forms of racial discrimination.

Africa Speaks drew the Council’s attention to the tragedy of human rights non-governmental organizations which were subjected to numerous measures, including unlawful surveillance by the United Kingdom. In Norway, a prominent organization had had its bank accounts frozen without evidence or explanation. States should refrain from criminalizing defenders and organizations.

Maarij Foundation for Peace and Development was concerned about Norway’s attempts to silence Global Networks, and misleading information propagated by the media to discredit this organization. The Council should set up a Commission of Inquiry on this issue.

United Nations Watch said the United Nations human rights system had not kept its promises. Saudi Arabia, which oppressed women, denied religious freedom and imprisoned and flogged political prisoners, had been elected as a member of the Council. Was it normal that such a gross human rights violator was also elected as chair of the committee that selected candidates to the United Nations human rights mechanisms?

Arab Commission for Human Rights was concerned about the situation of refugees from Syria. It regretted that some countries in Eastern Europe, including Hungary, had toughened their immigration policies in ways that were contrary to international standards relating to asylum seekers and refugees.

International Youth and Student Movement for the United Nations warned that when the right to self-determination was denied, it was the very basis for the exercise of all other human rights that was denied. The largest non-self-governing territory which still needed to achieve its right to self-determination was Western Sahara.

CIVICUS– World Alliance for Citizen Participation noted that civil society contributed in myriad ways to development programmes and assisted States and intergovernmental organizations in finding innovative solutions to complex problems. Accordingly, civil society needed to be able to speak truth to power. However, its ability to speak freely was being impeded in far too many countries.

World Environment and Resources Council drew the Council’s attention to the human rights violations committed by Pakistan against the Sindhi people, who were facing one of the worst onslaughts in their entire national history. The atrocities included disappearances and extrajudicial killings of Sindhi political activists, state-sponsored rise in religious extremism, and persecution of religious minorities.

Cairo Institute for Human Rights Studies expressed deep concern over the crackdown against human rights defenders in Morocco. They faced obstacles when they tried to renew their permits for work, faced bans on travel, and were charged with offences, such as “insulting the State authorities.” It called on Morocco to cease all harassment against human rights defenders and journalists.

Mbororo Social and Cultural Development Association was concerned about human rights violations in India, including preventive detention laws in the name of national security, which had been misused against the Dalits and other minorities.

Centre for Human Rights and Peace Advocacy said juvenile justice was denied in conflict affected districts in India. Children were subjected to arbitrary arrest and detentions, and perpetrators enjoyed impunity.

Liberation condemned modern forms of slavery and was concerned about racial discrimination in India resulting from the caste system. It urged the Human Rights Council to support efforts of civil society organizations on the ground.

Commission to Study the Organization of Peace said many countries, including Pakistan, had failed to implement international standards relating to the realization of the rights of indigenous people.

Cameroon Youth and Student Forum for Peace drew attention to the gross human rights violations committed by Indian security forces in the State of Manipur, northeast India, and Jammu and Kashmir. It called on the Council to urge India to repeal the law on special forces, to revoke detention, and to put an end to all acts of harassment, including at the judicial level.

Agence internationale pour le développement drew attention to the grave human rights violations in the Tindouf refugee camps in Algeria, where there was a severe lack of food as it was diverted to the black market. There was also a lack of education provided to children, whereas the crime rate was high. Freedom of expression and association were violently repressed.

Center for Inquiry warned of violent attacks on writers and bloggers in Bangladesh. Intensified threats to freedom of religion and belief, including attacks on religious and non-religious minorities, were amongst Bangladesh’s most serious human rights violations. It called on the Government to counter such extremist attacks and protect everyone’s human rights.

World Jewish Congress expressed deep concern over the increasing attacks on religious minorities in the Middle East, such as attacks on Yazidis and Christians in Syria and Iraq perpetrated by ISIL, which performed horrific acts of torture and forced conversion to Islam. It was no longer a religious crisis, but an international emergency.

Association for Defending Victims of Terrorism said victims of terrorism needed to be defended and supported in their return to normal life, including though psychological support. Many States, however, failed to protect and consider the victims. It underlined the importance of addressing the root causes of terrorism and raising the population’s awareness on terrorist groups.

International Humanist and Ethical Union was concerned about intensified pressure on civil society in the Russian Federation, and the mandatory registration of foreign and international human rights non-governmental organizations as foreign agents. This had led to many organizations closing their offices in the Russian Federation.

League of Persons with Disabilities said illegal procedures and repressive policies were used in Bahrain, and condemned arbitrary detention there. Bahrain should make peace with its people and protect their rights. It highlighted cases of torture and other cruel and inhuman treatment affecting thousands in Bahrain.

British Humanist Association said secularism was the only way to ensure freedom of religion for all. The Constitution of Egypt for example explicitly recognized Islam as the official religion, and led to Egypt failing to ensure the rights of atheists or persons belonging to other religions. Lesbian, gay, bisexual and transgender persons’ rights were also violated in Morocco in the name of religion.

Women’s Human Rights International Association said that executions in Iran had escalated dramatically. Political activists were being targeted and executed. Nearly all of them remained in prison or had been executed. The continued detention of human rights defenders and journalists was also alarming. Increasing limitations on the freedom of expression in Iran deserved the closer attention of the Human Rights Council.

Organisation pour la Communication en Afrique et de Promotion de la Coopération Économique Internationale - OCAPROCE Internationale warned that the human rights situation in Kashmir required the Council’s urgent attention. The people of Jammu Kashmir continued to live under occupation and total denial of their right to self-determination, which was a clear defiance of international law and violation of the United Nations Security Council resolutions.

Rencontre africaine pour la défense des droits de l’homme noted that good governance was the corner stone of democracy and human rights protection. It drew attention to Burundi and the Democratic Republic of the Congo where precisely the lack of good governance had caused grave human rights violations. It condemned the coup d’etat in Burkina Faso, and warned that there would be more instances of coup d’etat across the region unless good governance was fostered.

Verein Sudwind Entwicklungspolitik noted that the Iran deal was regarded by the large majority of Iranian citizens as an agreement with great positive influence upon their situation in the country. However, Iranian civil society activists had deep concerns that the new bilateral economic agreements were entered into without sufficient consideration for the state of human rights in Iran.

Action Internationale pour la Paix et le Développement dans la Région des Grands Lacs was concerned about violations of the rights of children in Western Sahara, and about families being separated as the result of migration. It was concerned about the lack of protection when these children reach Europe.

Association Dunenyo was concerned about the lack of freedom of assembly for Sahraoui people. It condemned rape and deportation of Sahraoui women, human trafficking and other violations by the Polisario.

African Development Association was concerned about arbitrary arrests and torture by the Pakistani army in Azad Kashmir and Gilgit Baltistan, and the exploitation of natural resources there which had deprived natives from their own natural wealth.

Comité International pour le Respect et l'Application de la Charte Africaine des Droits de l'Homme et des Peuples (CIRAC) voiced concerns about human rights violations, forced labour and sexual violence against children in the refugee camps in Western Sahara, and called on the international community to speak up on these abuses.

Asian Legal Resource Centre, in a joint statement with International Federation for Human Rights Leagues, warned of the ongoing forced disappearances in Bangladesh, amounting to at least 212 persons. The profile of those abducted suggested that the Government used forced disappearances as a tool to silence political opposition. The Government of Bangladesh should live up to its international legal obligations and ensure accountability and punishment of the perpetrators.

All-Russian public organization "Russian Public Intstitute of Electoral Law" drew attention to human rights violations in Ukraine. Several oligarchs ruled the country. In the east of Ukraine, support for the self-proclaimed republics was seen by the local population as protection from the oligarchs. Europe was now supporting positions in Ukraine that were quite contrary to the values it had previously supported in Kosovo. Russian media outlets were closed in Ukraine, and other individual human rights were violated.

Africa Culture Internationale drew attention to the genocide of the Sikhs. Judicial prosecution of such cases was in stark contrast with the prosecution of other cases. The unwillingness of the Indian authorities to prosecute the cases of killings of minorities would not discourage minority representatives from pursuing justice.

Alliance Defending Freedom shared the concern of the Commission of Inquiry on Syria about the fate of Christian and other minorities persecuted by the Islamic State. They were specifically targeted on the basis of their perceived ethnic and religious background. ISIS committed war crimes and exercised crimes against freedom of expression and religion in Syria.

Commission africaine des promoteurs de la santé et des droits de l’homme said that the right to life was explicitly spelt out in international law. The human rights situation in Indian-occupied Kashmir was unfortunately ignored by the international community. The prisoner Muzafer Ahmed Dar’s letter from prison revealed the atrocity of the situation of prisoners, who were treated like animals.

World Evangelical Alliance was deeply concerned about the refugee crisis: out of 122 people today, one was either internally displaced or a refugee. The chances for their return to their countries were decreasing, and the burden was mostly on developing nations, which hosted 90 per cent of all refugees. Why had the Gulf Coordination Council countries only received a symbolic number of Syrian refugees?

Presse Embleme Campagne urged States to provide safe and enabling environments for journalists and to prevent attacks against media workers. There was no real progress on the ground, as in 2015, journalists had been targeted in 26 countries, including Azerbaijan and Ukraine. A call was issued to release the journalist Khadija Ismailova, imprisoned for seven years in Azerbaijan without credible evidence.

Al-Hakim Foundation said that Iraq had been suffering terrible terrorist attacks over the previous 10 years. The country was being suffocated by ISIL, whose activities were likely to spread around the world. The Council and the international community ought to take action immediately. International humanitarian organizations should pay attention to the plight of young people, who were leaving the country en masse.

Indian Council of South America shared the concern of the indigenous organizations of Bolivia regarding fossil fuel search activities in the Bolivian forests. Already 17 per cent of the protected areas had seen oil activities. Recently the ombudsman had presented an appeal of unconstitutionality of such activities, but the appeal was rejected by the Constitutional Court.

European Humanist Federation drew attention to the latest observation on the Holy See by the Committee on the Rights of the Child, and the sexual abuse of tens of thousands of children worldwide by Catholic clerics. The Holy See formally refuted the allegation and did not respond to the Committee’s questions about its conformity with articles of the relevant Convention. It called on the Council to forcefully urge the Holy See to enforce the Convention.

International Career Support Association refuted the previous statement that the people of the Okinawa Prefecture in Japan were a discriminated minority, oppressed by the Japanese Government and the United States military. As part of Japan, they in fact enjoyed the highest standards of human rights, quality of education, welfare, health and living.

Prahar noted that the Assamese community in India had been facing critical identity crisis issues. All of their civil and political, and economic, social and cultural rights were violated. It appealed to all States around the world to prevent the vanishing of ethnic culture and traditions, and to the Government of India to give back the historic treasures to Assam.

Amnesty International said that the Council had to contribute to preventing the disaster in Burundi. Serious efforts were needed to address the culture of impunity. The Council was urged to adopt a resolution which would draw the attention of the Security Council to the issue and condemn all the violations of human rights in Burundi. The Council should stand ready to convene an urgent debate and take meaningful action, and those who blocked it would share the responsibility for consequences.

Right of Reply

Thailand, speaking in a right of reply, stated that lese-majeste law should be considered in the context of the deep reverence for the monarchy in Thailand. It was open to the process of accommodating itself to social changes. Fair trials were ensured, given the sensitivity of such cases. A number of cases which were currently being pursued and reported by the media were actually ongoing cases from previous governments.

Lithuania, speaking in a right of reply, said that all actions by Lithuania against two persons from Latvia had been in line with national and international laws. If they had any complaints, they were free to lodge them. Free journalists were fleeing Russia fearing for their security and were asking for refuge in a number of countries, including Lithuania.

Philippines, speaking in a right of reply, reiterated its commitment to the advancement of the rights of indigenous peoples. The Philippines was perhaps the only country in the region with a specific law on the rights of indigenous communities. Allegations of harassment and killings of certain indigenous individuals were being investigated, and criminal charges had been opened against the suspects.

Iraq, speaking in a right of reply in response to a statement regarding the protection of minorities, said Iraq was a diverse society of many ethnic and religious minorities. State institutions recognized the enormity of the crimes committed by the Islamic State against minorities and they continued to cooperate with international institutions in order to prevent such crimes.

Documentation

The Council has before it a report of the Special Rapporteur on the rights of indigenous peoples (A/HRC/30/41)

The Council has before it an addendum to the report of the Special Rapporteur on the rights of indigenous peoples – Mission to Paraguay (A/HRC/30/41/Add.1)

The Council has before it a report of the Expert Mechanism on the Rights of Indigenous Peoples on its eighth session (A/HRC/30/52)

The Council has before it a study on the promotion and protection of the rights of indigenous peoples with respect to their cultural heritage - Study of the Expert Mechanism on the Rights of Indigenous Peoples (A/HRC/30/53)

The Council has before it the final summary of responses to the questionnaire survey on best practices regarding possible appropriate measures and implementation strategies in order to attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples - Study of the Expert Mechanism on the Rights of Indigenous Peoples (A/HRC/30/54)

Presentation of Reports by the Special Rapporteur on the Rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples

VICTORIA TAULI-CORPUZ, Special Rapporteur on the Rights of Indigenous Peoples, said that 2015 marked the continuation of a historic year for indigenous peoples with the post-2015 agenda and other consequential developments. Closing the gap between the increasing recognition of indigenous peoples’ rights at the international and national levels and the actual implementation on the ground remained a major preoccupation. Ms. Tauli-Corpuz said that her face-to-face meetings with a number of stakeholders were an effective way of raising with Governments some of her observations in relation to the protection of indigenous people’s rights at the country level. In addition, she had continued to coordinate closely with the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples. The practice of holding parallel meetings with indigenous peoples and organizations during the regular sessions of those bodies was an especially important part of that coordination. In 2015, Ms. Tauli-Corpuz had participated as a panel member in the High Level Panel on human rights and climate change organized by the Human Rights Council, as well as the High Level Expert Panel of Climate Change and Human Rights.

Indigenous women and girls experienced complex, multidimensional and mutually reinforcing human rights violations which were alarming on their own, but constituted a form of structural violence. The lack of disaggregated data, the lack of inclusive birth registration systems and the culture of impunity were among the main challenges in that regard. To protect the rights of indigenous women, both a paradigm shift and the development of a multidimensional approach were needed.

Ms. Tauli-Corpuz had carried out visits to the Latin American and Nordic regions, and was hoping that countries in other regions, including in Asia and Africa, would soon demonstrate a similar openness. Despite Paraguay’s solid legal framework with the recognition of the pre-existence of indigenous peoples in the country and their fundamental rights, including their rights to their lands and resources, challenges remained and included the lack of adequate implementation of indigenous peoples’ rights to lands, territories and resources, obstacles to their access to justice and their overall situation of poverty. Cross-border efforts taken by the Sami Parliament and the Governments of Norway, Sweden and Finland to develop a Nordic Sami Convention could be enshrined as a global best practice to implement the United Nations Convention on the Rights of Indigenous Peoples.

The dire situation of most indigenous peoples in many countries was still a reality and the contribution of the United Nations in addressing that could not be overemphasized. More human and financial resources should be made available not only for her mandate, but for the whole work of the Special Procedures.

ALEXEY TSYKAREV, Chair-Rapporteur, Expert Mechanism on the Rights of Indigenous peoples, said that the Expert Mechanism had undertaken a study on the rights of indigenous peoples with respect to their cultural heritage, and had updated its report on best practices regarding appropriate measures and implementation strategies to attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples. The study focused on certain aspects of cultural heritage that were particularly important to indigenous peoples, and the links with lands, traditional knowledge and tourism. The study offered practical measures to further the right to cultural heritage, including the recognition of the indigenous peoples’ cultural heritage as a holistic and inter-generational concept based on common material and spiritual values, protection of lands, territories and resources in order to safeguard and develop indigenous cultures, and to recognize that indigenous people had the right to redress when their cultural heritage was wrongly misappropriated without their free, prior and informed consent.

The report on best practices on appropriate measures and implementation strategies of the United Nations Declaration on the Rights of Indigenous Peoples contained views of States and indigenous peoples on national strategies for the implementation of the Declaration, self-determination and autonomy, participation in decision-making, culture and languages, non-discrimination and equality, lands, territories and resources, and treaties, agreements and other constructive agreements with States. The results of the survey continued to show that even though the standards of the Declaration were often overlooked and targeted implementation strategies remained rare, there were many positive practices at the national level that could be supported and replicated. Since the last interactive dialogue with the Human Rights Council in September 2014, the Expert Mechanism had participated at the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, and had advocated for the full and effective participation of indigenous peoples in the entire process of the Conference, including in the drafting of the outcome document, and had emphasized that the participation of indigenous peoples in the post-2015 development agenda must be firmly rooted in the United Nations Declaration on the Rights of Indigenous Peoples.

Statement by the Board of Trustees of the United Nations Voluntary Fund for Indigenous Peoples

MYRNA CUNNINGHAM KAIN, member of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Peoples, said that since the establishment of the Fund 30 years earlier, its mandate and the scope had significantly broadened. The Fund worked on indigenous issues in a number of multilateral bodies. Direct participation of indigenous peoples from around the world ensured that their concerns were addressed in a comprehensive manner. By giving indigenous peoples a voice in United Nations meetings which directly affected their lives, the Fund had enabled several thousand indigenous peoples, who had historically been excluded from the decision-making process. Indigenous peoples were also thus in a position to create partnerships with other indigenous peoples. The Fund also worked on increasing the capacity of indigenous peoples in various meetings.

2014 had been of particular significance, with the World Conference on Indigenous Peoples in New York. The Fund had ensured the participation of 105 indigenous representatives in that landmark event. In 2014, the Fund had supported 66 representatives to attend a number of other relevant events, including several human rights treaty bodies. Of particular importance in 2015 was the follow-up to the Outcome Document of the World Conference.

The Fund was exclusively supported by means of voluntary contributions. In that regard, the Fund was deeply appreciative to the States that supported it financially in 2014-2015. Although the level of contributions received had relatively increased compared to previous years, the Fund was able to support less than one third of all the applications received. The Fund was well aware of the importance of enabling the participation of indigenous persons in meetings of importance to them. It was thus imperative that the Fund received continuous and stable support by Governments and donors. An appeal was made to all Governments to consider supporting the work of the Fund.

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For use of the information media; not an official record

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