RES/33/12 Human rights and indigenous peoples: mandate of the Special Rapporteur on the rights of indigenous peoples

GE.16-17300(E)

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Human Rights Council Thirty-third session

Agenda item 3

Resolution adopted by the Human Rights Council on 29 September 2016

33/12. Human rights and indigenous peoples: mandate of the

Special Rapporteur on the rights of indigenous peoples

The Human Rights Council,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March

2006,

Recalling Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the Code of Conduct for special procedure mandate holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her

duties in accordance with these resolutions and the annexes thereto,

Recalling also Commission on Human Rights resolutions 2001/57 of 24 April 2001,

2002/65 of 25 April 2002, 2003/56 of 24 April 2003, 2004/62 of 21 April 2004 and

2005/51 of 20 April 2005 on human rights and indigenous issues, and Human Rights

Council resolutions 6/12 of 28 September 2007, 15/14 of 30 September 2010 and 24/9 of

26 September 2013 on the mandate of Special Rapporteur on the rights of indigenous

peoples,

1. Decides to extend the mandate of the Special Rapporteur on the rights of

indigenous peoples for a period of three years:

(a) To examine ways and means of overcoming existing obstacles to the full and

effective protection of the rights of indigenous peoples, in conformity with the mandate,

and to identify, exchange and promote best practices;

(b) To gather, request, receive and exchange information and communications

from all relevant sources, including Governments, indigenous peoples and their

communities and organizations, on alleged violations and abuses of the rights of indigenous

peoples;

(c) To formulate recommendations and proposals on appropriate measures and

activities to prevent and remedy violations and abuses of the rights of indigenous peoples;

(d) To work in close cooperation and coordination with other special procedures

and subsidiary organs of the Human Rights Council, in particular with the Expert

Mechanism on the Rights of Indigenous Peoples, relevant United Nations bodies, the treaty

bodies and regional human rights organizations;

(e) To enhance engagement with and to participate in the annual sessions of the

Permanent Forum on Indigenous Issues and of the Expert Mechanism on the Rights of

Indigenous Peoples to ensure complementarity between their work;

(f) To develop a regular cooperative dialogue with all relevant actors, including

Governments, relevant United Nations bodies, specialized agencies and programmes, and

with indigenous peoples, national human rights institutions, non-governmental

organizations and other regional or subregional international institutions, including on

possibilities for technical cooperation at the request of Governments;

(g) To promote the United Nations Declaration on the Rights of Indigenous

Peoples and international instruments relevant to the advancement of the rights of

indigenous peoples, where appropriate;

(h) To pay special attention to the human rights and fundamental freedoms of

indigenous children and women, and to take into account a gender perspective in the

performance of the mandate;

(i) To consider relevant recommendations of the world conferences, summits

and other United Nations meetings, and the recommendations, observations and

conclusions of the treaty bodies on matters regarding the mandate;

(j) To submit a report on the implementation of the mandate to the Human

Rights Council and to the General Assembly in accordance with their annual programme of

work;

2. Requests all Governments to cooperate fully with the Special Rapporteur in

the performance of the tasks and duties mandated, to furnish all available information

requested in his or her communications, and to react promptly to his or her urgent appeals;

3. Encourages the United Nations, including its specialized agencies, regional

intergovernmental organizations, Governments, independent experts, interested institutions,

national human rights institutions, non-governmental organizations and, in particular,

indigenous peoples to cooperate to the fullest extent possible with the Special Rapporteur in

the fulfilment of the mandate;

4. Strongly encourages all Governments to give serious consideration to

responding favourably to the requests by the Special Rapporteur to visit their countries to

enable him or her to fulfil the mandate effectively;

5. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide all the necessary human, technical and financial assistance to

the Special Rapporteur for the effective fulfilment of the mandate;

6. Decides to continue consideration of this question in conformity with its

programme of work.

39th meeting

29 September 2016

[Adopted without a vote.]