38/23 Summary report on the annual half-day panel discussion on the rights of indigenous peoples - Report of the Office of the United Nations High Commissioner for Human Rights

GE.18-06411(E)

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Human Rights Council Thirty-eighth session

18 June–6 July 2018 Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Summary report on the annual half-day panel discussion on the rights of indigenous peoples

Report of the Office of the United Nations High Commissioner for

Human Rights

United Nations A/HRC/38/23

I. Introduction

1. As mandated by the Human Rights Council in its resolution 18/8, the Council held

its annual half-day panel discussion on the rights of indigenous peoples on 20 September

2017. The theme of the discussion, pursuant to Council resolution 33/13, was the

commemoration of the tenth anniversary of the adoption of the United Nations Declaration

on the Rights of Indigenous Peoples, with a special focus on challenges and good practices

in achieving the ends of the Declaration. The present report is submitted pursuant to

resolution 33/13.

2. The panel discussion was aimed at: identifying good practices and challenges in

achieving the ends of the Declaration on the Rights of Indigenous Peoples; examining the

role of indigenous youth in the promotion and protection of the rights of indigenous peoples;

and considering the way forward in implementing the Declaration including through

collaboration between relevant human rights mechanisms.

3. The panel was chaired by the President of the Human Rights Council, and

moderated by Albert K. Barume, Chair-Rapporteur of the Expert Mechanism on the Rights

of Indigenous Peoples. The panellists were Dalí Ángel, coordinator of the Red de Jóvenes

Indígenas de América Latina (Indigenous Youth Network of Latin America), and Karla

General, an attorney at the Indian Law Resource Centre. The third panellist, Christine

Kandie, a programme officer at the Endorois Welfare Council, was unable to participate

due to travel delays. The original moderator for the panel, Grand Chief Wilton Littlechild

of the Confederacy of Treaty Six First Nations, also faced travel delays but was able to

provide concluding remarks.

4. The panel was accessible for persons with disabilities and was webcast and

recorded.1

II. Opening of the panel discussion

5. The President of the Human Rights Council opened the panel discussion.

6. The Deputy High Commissioner said that Cayuga Chief Deskaheh of the Iroquois

Nation had come to Geneva in 1923 seeking to address the League of Nations and that his

great granddaughter, Karla General, was among the panellists currently present. The United

Nations Declaration on the Rights of Indigenous Peoples was recognized as a global

standard: however, many challenges remained in its implementation. It was important to

focus on future generations. International human rights mechanisms could play a significant

role in that regard: for example, the Convention on the Rights of the Child had been the

first of the core international human rights treaties to include specific references to

indigenous peoples.

7. There were links between the trauma of forced assimilation and many of the

challenges that indigenous youth currently faced, such as infant and maternal mortality,

alcohol and substance abuse, and persistently low access to education, employment and

health care. In order to address that situation, indigenous children and youth must be

engaged, empowered and enabled. They must become partners of equal dignity when it

came to implementing their rights under the Declaration. It was important to collect and

analyse appropriate data in order to ensure that policies affecting indigenous peoples’ lives

were based on sound evidence. The data gap must not remain a stumbling block for the

achievement of the Sustainable Development Goals.

8. Decisive rights-based action was needed, recommendations had been issued and

indigenous voices heard, and the path that must be followed was that of implementation for

and with indigenous peoples, including indigenous children and youth.

1 See http://webtv.un.org/search/panel-discussion-on-rights-of-indigenous-peoples-19th-meeting-36th-

regular-session-human-rights-council-

/5581732710001/?term=&lan=english&cat=Human%20Rights%20Council&sort=date&page=36.

9. Mr. Barume said that the Deputy High Commissioner had demonstrated the

commitment of the Office of the United Nations High Commissioner for Human Rights to

the rights of indigenous peoples. He welcomed all participants, particularly indigenous

youth representatives, and recalled that it was the Human Rights Council that had first

adopted the Declaration in 2006. He recalled the objectives of the panel discussion and

underlined that, although the tenth anniversary of the Declaration should be a celebration, it

also represented an opportunity to take stock of progress and challenges over the past 10

years.

III. Summary of the proceedings

A. Contributions of the panellists

10. Ms. Ángel focused on the work of the Indigenous Youth Network of Latin America,

which comprised several indigenous youth organizations from the region. The Network had

prepared a report on indigenous youth perspectives 10 years on from the adoption of the

United Nations Declaration on the Rights of Indigenous Peoples. The report contained

analysis of how indigenous youth in the region had used the Declaration to claim their

rights, but also shed light on achievements in and challenges for its implementation.

11. In the report, the Network highlighted that there were different definitions and

conceptions of youth within indigenous world views, going beyond the usual biological and

age-range criteria. Indigenous peoples had traditionally assigned different roles,

responsibilities, rights and obligations to their children and youth. The significance of

identifying as indigenous youth therefore resided in assuming certain responsibilities within

the community, in line with traditions and identities.

12. It was difficult to quantify the number of indigenous youth in the region, as there

was a diverse range of conceptions of indigenous youth, influenced by cultural contexts.

Some persons might not identify as indigenous in surveys and other data-collection tools, in

order to avoid discrimination. Awareness-raising was essential in overcoming

discrimination. Reliable social and demographic data were crucial to understanding the

situation of indigenous peoples and to developing effective policies to overcome the

poverty and marginalization that they often faced.

13. The report also addressed the issue of migration of indigenous youth from their

communities to urban areas, mainly in search of better job opportunities. With regard to the

tension between migration to urban areas and the tenure of indigenous peoples over their

rural territories, youth migration could potentially gradually erode communities’ individual

and collective ownership of their lands. In order to address that challenge, better education,

health and employment and livelihood opportunities must be created in rural areas.

14. Intercultural bilingual education was an issue of great importance for indigenous

youth. Education must truly be based on indigenous culture, rather than simply translating

Western educational models into indigenous languages. Indigenous youth could play a key

role in developing curricula and content for genuine intercultural education. The lack of an

intercultural perspective regarding sexual and reproductive rights was another issue of great

concern for indigenous youth, who had identified traditional practices that imperilled the

emotional and physical health of girls and young women, such as child marriage.

15. The empowerment of indigenous youth through the intergenerational transmission

of traditional knowledge was vital, particularly given the constant tension between the state

of belonging to an indigenous people and the fact of living in an interconnected world.

Indigenous culture was not static, but rather constantly changing and recreating itself. The

effects of colonization, history and discrimination placed indigenous youth in a difficult

position, but they were addressing the challenge of creating their own cultural space,

bringing together both their indigenous and global worlds.

16. Ms. General, acknowledging the work of her great grandfather, said that Cayuga

Chief Deskaheh had asked the Members of the League of Nations whether they really

believed that all peoples were entitled to equal protection under international law. That

question remained highly relevant at the current time. Indigenous peoples around the world

deserved both an affirmative answer and action in that regard. The Declaration was a

historic achievement and the most significant development in international human rights

law in decades. However, representative indigenous voices were still denied access to the

United Nations. The outcome document of the 2014 World Conference on Indigenous

Peoples, General Assembly resolution 69/2 (2014), contained both a reaffirmation by

Member States of their commitment to indigenous peoples and new commitments.

Although States had committed to considering ways to enable the participation of

indigenous peoples’ representative institutions at the United Nations, little progress had

been made in that regard due to the failure of the Member States to reach a consensus.

17. Participation was the most pressing issue for indigenous peoples: without authentic

indigenous voices, decisions made in international forums would not be responsive to their

realities, including violence against human rights activists, land grabs linked to extractive

industries and the continued destruction of traditional ways of living. If indigenous peoples

had a voice at the United Nations, they could tell the States Members that their situation

had improved very little since the adoption of the Declaration, because decisions continued

to be made without the benefit of their views and experience. When indigenous voices were

heard, solutions were more responsive and effective.

18. Indigenous youth had a significant role to play in that work, as they were both

citizens of the world and of their tribal nations and, as such, had much to contribute.

Indigenous youth in North America faced a number of challenges, including negative health

and education outcomes and economic disparities. Those disparities were linked to

historical trauma, chronically underfunded programmes and ineffective policies. The

Declaration provided a tool to change those situations. Indigenous youth were increasingly

stepping forward to better understand international frameworks, in order to strengthen their

advocacy efforts.

19. The mandate of the Expert Mechanism on the Rights of Indigenous Peoples had

been amended and it had a role to play in: engaging with local actors to ensure that the

recommendations of international bodies and mechanisms were respected and fulfilled;

reporting to the Council on good practices in the achievement of the goals of the

Declaration; and providing advice to Member States and indigenous peoples.

20. The implementation of the Declaration was an ongoing challenge that would take

time. It was essential that the information and tools required to continue that task be passed

on to indigenous youth, who must be aware of their rights, educated about the international

human rights system and trained to utilize opportunities provided at the international level

to implement their rights. The Declaration had empowered indigenous peoples, and they

must work together with States to ensure that the principles and purposes of the Declaration

and the Charter of the United Nations were respected, and that all peoples were entitled to

equal protection under international law.

B. Interactive discussion

21. Mr. Barume said that there had been a slight trend towards change over the past 10

years, but mainly in terms of standard-setting and the development of institutions. Those

new standards and institutions need to be operationalized and turned into reality in order to

make a difference to individuals’ lives.

22. Representatives of several Member States, national human rights institutions and

non-governmental organizations took the floor to make comments or ask questions. While

there was general agreement on the importance of the Declaration, support for the rights

enshrined in it, and an acknowledgement of progress made to date several delegations also

highlighted challenges with respect to the implementation of those rights. Some of the

challenges raised included: the need to ensure indigenous peoples’ participation in decision-

making; the need for greater political will to ensure the fulfilment of the rights of

indigenous peoples; concerns regarding rights to land, territories and resources; systemic

discrimination; harassment of indigenous human rights defenders; gaps pertaining to the

right to health and the right to education; deficiencies in the collection of data regarding

indigenous peoples; and lack of access to culturally sensitive sexual and reproductive health.

23. Some delegations emphasized that, while developments at the international level

were important, dialogue and action at the domestic level should also be prioritized,

including the use of the Declaration by national courts. The delegations also pointed to the

links and interplay between the Declaration and other human rights instruments and

mechanisms.

24. Several delegations and other stakeholders highlighted ongoing initiatives to address

the situation of indigenous peoples’ human rights in their respective countries. Those

initiatives included: the development of national action plans for indigenous peoples, or

their inclusion in broader national development strategies in the context of the Sustainable

Development Goals; the establishment of mechanisms to involve indigenous peoples in

decision-making; improvements to data collection; the inclusion of indigenous peoples’

rights in sectoral public policies; measures to improve indigenous peoples’ political

representation; the creation of specific institutions to address their situation and concerns;

land demarcation and titling programmes; the promotion of income-generating activities,

such as community-based ecotourism; training for civil servants and other stakeholders; and

targeted training for indigenous bilingual teachers.

IV. Concluding comments from the panellists and moderator

25. Ms. Ángel said that it was very important for indigenous youth to be able to

organize themselves at the national and international levels, in order to bolster their

participation in decision-making and in the design of programmes that might affect them.

That approach implied not only setting aside places for young people but also providing, as

a matter of priority, funding to facilitate their participation. The Sustainable Development

Goals constituted a key channel for the involvement of indigenous youth, who must

participate in national and international-level consultations. In addition to work at the

international level, indigenous youth had a key role to play in implementing the Declaration

at the national and local levels.

26. With regard to the way in which indigenous youth reacted when faced with climate

change and disasters, in Oaxaca, Mexico, young persons contributed actively as members

of humanitarian brigades. Indigenous peoples’ ways of organizing themselves had also

been fundamental in responding to disasters, as had the transfer of ancestral knowledge,

which also played a key role in disaster prevention. There was a need to invest in the young

generation. Such support for youth was a crucial way of supporting indigenous persons of

all ages.

27. Ms. General said that it was vital to ensure collaboration across the United Nations

system, and to learn about the realities of indigenous peoples on the ground and why those

realities had not advanced far enough in the past 10 years. The expertise that existed within

the United Nations system should be used to provide recommendations. The inclusion of

the empowerment of indigenous women as one of the focus areas at the March 2017 session

of the Commission on the Status of Women served as an example in that regard. The new

technical assistance functions of the Expert Mechanism on the Rights of Indigenous

Peoples had great potential. The treaty bodies and the universal periodic review had a

significant role to play regarding indigenous peoples. The adoption of the American

Declaration on the Rights of Indigenous Peoples was a welcome development, providing a

strong and useful tool for the protection of the rights of indigenous peoples in the Americas.

28. It was disheartening and frustrating to see that the past 10 years had brought very

little in the way of tangible, quantifiable improvements to the lives of indigenous peoples.

However, much good work was being carried out at the community and international levels,

and indigenous youth faced the challenge of bringing all that work together, in order to

make the rights enshrined in the Declaration a reality in the daily lives of indigenous

peoples. She invited States to continue consulting and collaborating with indigenous

peoples to develop national plans of action to remedy existing shortcomings in laws,

policies and practices, and highlighted the important role that national human rights

institutions could play. She also encouraged indigenous nations and communities to give

young persons space to participate in their governance structures.

29. Grand Chief Wilton Littlechild said that, 40 years previously, when indigenous

representatives, including him, had come to Geneva for the first time, they had not been

allowed to take the floor at United Nations meetings. The current challenges regarding the

participation of indigenous peoples at the United Nations were regrettable. It was important

to acknowledge the contributions of indigenous peoples to the human family, including

through the recognition of spiritual rights and indigenous peoples’ role as stewards of the

environment. He welcomed the fact that the Council had focused on youth through the

panel, and called on States, indigenous peoples, civil society and the United Nations to

work together to advance the rights of indigenous peoples. He appreciated the ongoing

support of all States, indigenous peoples, civil society and the United Nations over the past

40 years, and urged those States that had not found a way to recognize indigenous peoples

or support the Declaration to join in the movement towards not only the implementation of

the Declaration but also peace and reconciliation.

30. Mr. Barume said that there was a need to raise awareness and build capacity around

the Declaration, particularly among civil servants. The principle of free, prior and informed

consent was one of the Declaration’s most important contributions to international law,

encapsulating, as it did, the basic principle of inclusive governance of society, under which

all voices were heard.