RES/33/13 Human rights and indigenous peoples

GE.16-17296(E)



Human Rights Council Thirty-third session

Agenda item 3

Resolution adopted by the Human Rights Council on 29 September 2016

33/13. Human rights and indigenous peoples

The Human Rights Council,

Recalling all relevant General Assembly, Commission on Human Rights and Human

Rights Council resolutions on human rights and indigenous peoples,

Reaffirming its support for the United Nations Declaration on the Rights of

Indigenous Peoples, adopted by the General Assembly in its resolution 61/295 of 13

September 2007,

Recognizing current efforts towards the promotion, protection and fulfilment of the

rights of indigenous peoples, including the adoption of the American Declaration on the

Rights of Indigenous Peoples,

Recalling the adoption of the outcome document of the high-level plenary meeting

of the General Assembly known as the World Conference on Indigenous Peoples,1

Recognizing that indigenous women, youth, children and persons with disabilities

face particular challenges and face multi-faceted and intersecting forms of discrimination in

access to health services,

Stressing the need to acknowledge traditional knowledge on and practices in health,

and for intercultural approaches that are sensitive to the health needs of indigenous peoples,

Welcoming the study by the Expert Mechanism on the Rights of Indigenous Peoples

on the theme, “Right to health and indigenous peoples, with a focus on children and youth”,

submitted to the Human Rights Council at its thirty-third session,2 and encouraging all

parties to consider the examples of good practices and recommendations included in the

study as practical advice on how to attain the end goals of the United Nations Declaration

on the Rights of Indigenous Peoples,

Stressing the need to pay particular attention to the rights and special needs of

indigenous women, children, youth, elders and persons with disabilities, and to intensify

1 General Assembly resolution 69/2.

2 A/HRC/33/57.

efforts to prevent and eliminate violence and discrimination against indigenous women and

girls, as set out in the United Nations Declaration on the Rights of Indigenous Peoples and

the outcome document of the high-level plenary meeting of the General Assembly known

as the World Conference on Indigenous Peoples,

Recalling the commitment made by the General Assembly at the World Conference

to consider ways to enable the participation of indigenous peoples’ representatives and

institutions in meetings of relevant United Nations bodies on issues affecting them, and

looking forward to the outcome of the process initiated by the President of the General

Assembly and its consideration by the Assembly,

Recalling also the adoption of the Indigenous and Tribal Peoples Convention, 1989

(No.169) by the International Labour Organization, and its important contribution to the

promotion and protection of the rights of indigenous peoples,

1. Welcomes the report of the United Nations High Commissioner for Human

Rights on the rights of indigenous peoples,3 and requests the High Commissioner to

continue to submit to the Human Rights Council an annual report on the rights of

indigenous peoples containing information on relevant developments in human rights

bodies and mechanisms and the activities undertaken by the Office of the High

Commissioner at Headquarters and in the field that contribute to the promotion of, respect

for and the full application of the provisions of the United Nations Declaration on the

Rights of Indigenous Peoples, and follow-up on the effectiveness of the Declaration;

2. Also welcomes the work of the Special Rapporteur on the rights of indigenous

peoples, including the official visits made and her reports, and encourages all Governments

to respond favourably to her requests for visits;

3. Further welcomes the work of the Expert Mechanism on the Rights of

Indigenous Peoples, takes note with appreciation of the report on its ninth session,4 and

encourages States to continue to participate in and contribute to its discussions, including

by their national specialized bodies and institutions;

4. Requests the Expert Mechanism to prepare a study, to be finalized by its tenth

session, on good practices and challenges, including discrimination, in business and in

access to financial services by indigenous peoples, in particular indigenous women and

indigenous persons with disabilities, and to present it to the Human Rights Council at its

thirty-sixth session;

5. Decides to hold, at its thirty-sixth session, its half-day panel discussion on

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, and requests the Office of the High

Commissioner to make the discussions fully accessible to persons with disabilities and to

prepare a summary report on the discussion and to submit it to the Human Rights Council

prior to its thirty-eighth session;

6. Reaffirms its decision to continue its consideration of the issue of the

elimination of all forms of violence against women and girls, its causes and consequences,

including violence against indigenous women and girls, as a matter of high priority, in

conformity with its annual programme of work;

3 A/HRC/33/27.

4 A/HRC/33/56.

7. Welcomes the ongoing cooperation and coordination among the Special

Rapporteur, the Permanent Forum on Indigenous Issues and the Expert Mechanism, and

their ongoing efforts to promote the rights of indigenous peoples, the United Nations

Declaration on the Rights of Indigenous Peoples, including the follow-up to the high-level

plenary meeting of the General Assembly known as the World Conference on Indigenous

Peoples, and invites them to continue to work in close cooperation with all Human Rights

Council mechanisms within their respective mandates;

8. Reaffirms that the United Nations treaty bodies are important mechanisms for

the promotion and protection of human rights, and encourages States to give serious

consideration to their recommendations regarding indigenous peoples;

9. Welcomes the contribution of the universal periodic review to the realization

of the rights of indigenous peoples, encourages effective follow-up to accepted review

recommendations concerning indigenous peoples, and invites States to include, as

appropriate, information on the situation of the rights of indigenous peoples, including

measures taken to pursue the objectives of the United Nations Declaration on the Rights of

Indigenous Peoples during the review;

10. Encourages States that have endorsed the United Nations Declaration on the

Rights of Indigenous Peoples to adopt measures to pursue its objectives in consultations

and cooperation with indigenous peoples;

11. Calls upon States that that have not yet ratified or acceded to the Indigenous

and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization to

consider doing so;

12. Encourages States to give due consideration to all the rights of indigenous

peoples in fulfilling the commitments undertaken in the 2030 Agenda for Sustainable

Development5 and in the elaboration of relevant national programmes, strategies and plans;

13. Welcomes the role of national human rights institutions established in

accordance with the principles relating to the status of national institutions for the

promotion and protection of human rights (the Paris Principles) in advancing indigenous

issues, and recognizes the importance for such institutions of developing and strengthening

their capacities, as appropriate, to fulfil that role effectively;

14. Takes note of the activity of the United Nations Indigenous Peoples

Partnership and the system-wide action plan for ensuring a coherent approach to achieving

the ends of the United Nations Declaration on the Rights of Indigenous Peoples, and invites

States and other potential donors to support it;

15. Urges States and invites other public and/or private actors or institutions to

contribute to the United Nations Voluntary Fund for Indigenous Peoples as an important

means of promoting the rights of indigenous peoples worldwide and within the United

Nations system;

16. Decides to continue its consideration of this question at a future session in

conformity with its annual programme of work.

39th meeting

29 September 2016

[Adopted without a vote.]

5 See General Assembly resolution 70/1.