Original HRC document

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Document Type: Final Resolution

Date: 2018 Oct

Session: 39th Regular Session (2018 Sep)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.18-16540(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 28 September 2018

39/13. 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 to achieve the ends of 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 that, since its adoption, the United Nations Declaration on the Rights of

Indigenous Peoples has positively influenced the drafting of several constitutions and

statutes at the national and local levels and contributed to the progressive development of

international and national legal frameworks and policies as it applies to indigenous peoples,

Recalling the adoption on 22 September 2014 of the outcome document of the high-

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

Indigenous Peoples,1

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

the rights of indigenous peoples, recalling the commitment made by the General Assembly

at the World Conference to consider ways to enhance the participation of indigenous

peoples’ representatives and institutions in meetings of relevant United Nations bodies on

issues affecting them, and welcoming Assembly resolution 71/321 of 8 September 2017,

Acknowledging the participation of indigenous peoples’ representatives and

institutions in the meetings of various United Nations organs and their subsidiary bodies, in

particular the Human Rights Council and the Expert Mechanism on the Rights of

Indigenous Peoples,

Acknowledging also the study of the Expert Mechanism entitled “Free, prior and

informed consent: a human rights-based approach”,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 goals of the United Nations Declaration on the Rights of

Indigenous Peoples,

1 General Assembly resolution 69/2.

2 A/HRC/39/62.

United Nations A/HRC/RES/39/13

Taking note of the report of the Special Rapporteur on the rights of indigenous

peoples, 3 noting with concern her findings with regard to attacks against and the

criminalization of indigenous peoples defending their rights and the prevention and

protection measures available, and calling upon all States to consider the recommendations

contained in the report,

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

indigenous women, children, young persons, elderly persons and persons with disabilities

and to intensify efforts to prevent and eliminate violence and multiple and intersecting

forms of discrimination in this regard, as set out in the United Nations Declaration on the

Rights of Indigenous Peoples and the outcome document of the World Conference,

Recalling 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,

Recognizing that indigenous peoples are among the first to face the direct

consequences of climate change owing to their dependence upon and close relationship

with the environment and its resources, and welcoming the role of indigenous peoples in

achieving the objectives of the United Nations Framework Convention on Climate Change,

the Paris Agreement and the targets and goals of the 2030 Agenda for Sustainable

Development,

Bearing in mind the importance of the empowerment and capacity-building of

indigenous women and young persons, including their full and effective participation in

decision-making processes in matters that affect them directly, including policies,

programmes and resources, where relevant, that target the well-being of indigenous women,

children and young persons, in particular in the areas of health, education, employment and

the transmission of traditional knowledge, languages and practices, and the importance of

taking measures to promote awareness and understanding of their rights,

1. Acknowledges the report of the United Nations High Commissioner for

Human Rights on the rights of indigenous peoples,4 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 the 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. Takes note of 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. Welcomes the work of the Expert Mechanism on the Rights of Indigenous

Peoples, including its annual report, 5 and its intersessional activities, and requests the

Office of the High Commissioner to ensure timely translation in all official languages of the

United Nations and distribution of these reports for the Council and pre-session translation

of the studies and reports of the Expert Mechanism, in accordance with Council resolution

33/25 of 30 September 2016;

4. Strongly encourages States to participate actively in the sessions of the

Expert Mechanism and to engage in dialogue with it, including during its intersessional

activities;

5. Acknowledges the efforts of indigenous peoples, States and the Expert

Mechanism, in the exercise of its mandate, to assist by facilitating dialogue, when agreeable

to all parties, in order to achieve the ends of the United Nations Declaration on the Rights

3 A/HRC/39/17.

4 A/HRC/39/37.

5 A/HRC/39/68.

of Indigenous Peoples at the national and subnational levels, and encourages requests for

technical assistance to the Expert Mechanism;

6. Notes that the next study of the Expert Mechanism, to be finalized by its

twelfth session, will focus on the theme of indigenous peoples, migration and borders, and

also notes that the Expert Mechanism will prepare a report on the theme of recognition,

reparation and reconciliation;

7. Encourages States and all relevant academic institutions, indigenous peoples’

institutions and representatives, as well as the United Nations Educational, Scientific and

Cultural Organization, as the lead agency for the International Year of Indigenous

Languages, to participate actively in the organization and implementation of the activities

relating to the Year in 2019 and to uphold the spirit of the Year by taking measures to draw

attention to the critical loss of indigenous languages and the need to preserve, revitalize and

promote them;

8. Decides, in accordance with paragraph 14 of Human Rights Council

resolution 18/8 of 29 September 2011, that, in view of the International Year of Indigenous

Languages in 2019, the theme of the annual half-day panel discussion on the rights of

indigenous peoples during the forty-second session of the Council will be on the promotion

and preservation of indigenous languages, 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 Council prior to its forty-

fourth session;

9. Also decides, in accordance with paragraph 14 of Human Rights Council

resolution 18/8, that the theme of the annual half-day panel discussion on the rights of

indigenous peoples to be held during the forty-fifth session of the Council will be on the

protection of indigenous human rights defenders, 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 Council prior to its forty-

seventh session;

10. Welcomes the proposal by the Expert Mechanism to the Human Rights

Council that further efforts be made to facilitate the participation of indigenous peoples’

representatives and institutions in the work of the Council, in particular the dialogue with

the Expert Mechanism and the Special Rapporteur and in the annual half-day discussion on

the rights of indigenous peoples, and also welcomes the encouragement of the General

Assembly to the relevant United Nations bodies, in accordance with their respective rules

of procedure, to facilitate the participation of indigenous peoples’ representatives and

institutions in relevant meetings on issues affecting them;

11. Decides to hold a half-day intersessional interactive dialogue, while inviting

the President of the General Assembly to participate, on ways to enhance the participation

of indigenous peoples’ representatives and institutions in meetings of the Human Rights

Council on issues affecting them on the first day of the twelfth session of the Expert

Mechanism, requests the Office of the High Commissioner to make the interactive dialogue

fully accessible to persons with disabilities, and to prepare a summary report thereon for

submission to the Council prior to its forty-fourth session, and recommends that the

Assembly consider that report in the ongoing process towards the enhancement of the full

and effective participation of indigenous peoples in the work of the United Nations;

12. Encourages States and the relevant agencies and entities of the United

Nations system to support the Secretary-General in holding timely regional consultations,

including through the regional commissions, as appropriate, in order to seek input from

indigenous peoples from all regions of the world on the measures necessary to enable the

participation of indigenous peoples’ representatives and institutions in meetings of the

relevant United Nations bodies on issues affecting them;

13. Encourages States to give due consideration to the rights of indigenous

peoples and the multiple and intersecting forms of discrimination faced by indigenous

peoples and individuals in fulfilling the commitments undertaken in the 2030 Agenda for

Sustainable Development and in the formulation of relevant international and regional

programmes, as well as national action plans, strategies and programmes, applying the

principle of leaving no one behind;

14. Encourages the Special Rapporteur, the Permanent Forum on Indigenous

Issues and the Expert Mechanism to strengthen their ongoing cooperation and coordination

and ongoing efforts to promote the rights of indigenous peoples and the United Nations

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

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

Rights Council mechanisms within their respective mandates;

15. 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, including those regarding indigenous peoples;

16. 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;

17. Calls upon States to achieve the ends of the United Nations Declaration on

the Rights of Indigenous Peoples by adopting measures to pursue its objectives in

consultation and cooperation with indigenous peoples;

18. 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;

19. 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;

20. Encourages States, according to their relevant national context and

characteristics, to collect and disseminate data disaggregated by ethnicity, income, gender,

age, race, migratory status, disability, geographic location or other factors, as appropriate,

in order to monitor and improve the impact of development policies, strategies and

programmes aimed at improving the well-being of indigenous peoples and individuals, to

combat and eliminate violence and multiple and intersecting forms of discrimination

against them and to support work towards the achievement of the Sustainable Development

Goals and the 2030 Agenda;

21. Also encourages States to work with indigenous peoples to strengthen

technologies, practices and efforts related to addressing and responding to climate change,

and recognizes the importance of the Local Communities and Indigenous Peoples Platform

for the exchange of experience and the sharing of best practices on mitigation and

adaptation in a holistic and integrated manner;

22. Welcomes the agreed conclusions adopted by the Commission on the Status

of Women at its sixty-first session, in which the Commission called for measures to be

taken to promote the economic empowerment of indigenous women, including by ensuring

access to quality and inclusive education and through meaningful participation in the

economy by addressing the multiple and intersecting forms of discrimination and barriers

they face, including violence, and to promote their participation in relevant decision-

making processes at all levels and in all areas, while respecting and protecting their

traditional and ancestral knowledge, and noting the importance for indigenous women and

girls of the United Nations Declaration on the Rights of Indigenous Peoples, and

encourages States to give serious consideration to the above-mentioned recommendations,

as appropriate;

23. Also welcomes the work 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;

24. 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;

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

conformity with its annual programme of work.

40th meeting

28 September 2018

[Adopted without a vote.]