Background

Pursuant to Human Rights Council resolution 33/25, during its sixteenth session in 2023, the Expert Mechanism confirmed its decision to prepare a study on “Laws, legislation, policies, constitutions, judicial decisions and other mechanisms in which States had taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration”.

Objectives

The purpose of this study is to analyze laws, legislation, policies, constitutions, judicial decisions and other mechanisms in which States had taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration: “States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of the Declaration”. Article 38 should also be read in conjunction with paragraphs (2) in Articles 8, 11, 12, 13, 15, 16, 17, 21, 22, 30, 31, and 36, and paragraph (3) in articles 14 and 26, as well as paragraphs (2) and (3) in articles 29 and 32.

To assist all parties in contributing to this seminar, the EMRIP sets out below some of the elements it intends to focus on in its study.

Analysis of international human rights law and jurisprudence within both regional and international bodies that will serve to gain greater awareness and understanding of compliance as well as the potential for offering solutions to either individual, discrete matters or interrelated conditions that have stifled effective implementation.

Measures taken by States to implement the Declaration within the context of constitutional reforms, laws, legislation, policies, as well as judicial decisions.

Concrete actions taken by States, consistent with Article 38, to achieve the realization of the exercise and enjoyment of the collective and individual norms affirmed in the Declaration.

Judicial decisions in relation to contentious issues of concern to Indigenous Peoples will serve to illuminate legally directed outcomes and responses by government and its various departments and agencies to concretely achieve the objectives of the Declaration.

In cases where States have initiated or concluded national inquiries, analysis of actions to respond to the final reports, conclusions, and recommendations that may yield constructive examples of implementation.

Analyse measures taken by States, including legislative measures, in relation to health of Indigenous Peoples, education in their own language, protection from economic exploitation, improvement of their economic and social conditions, protection against all form of violence against women, as well as just and fair redress to mitigate adverse environmental, economic, social and cultural impact among others, as set out in  paragraphs (2) in Articles 8, 11, 12, 13, 15, 16, 17, 21, 22, 30, 31, and 36, and paragraph (3) in articles 14 and 26, as well as paragraphs (2) and (3) in articles 29 and 32.

Key questions and types of input/comments sought

Submissions should be sent by email to ohchr-expertmechanism@un.org no later than 31 January 2024, in English, French, Spanish or Russian, in WORD format and no longer than 5 pages. Submissions should focus on the theme contained as above. 

How inputs will be used

A draft study will be introduced by the Expert Mechanism at its 17th annual session, due to take place in July 2024, after which it will be finalized and presented to the Human Rights Council at its fifty-seventh session in September 2024. The Expert Mechanism hereby requests contributions from Indigenous Peoples, States, National Human Rights Institutions, Academics, and other Stakeholders for this report. Please note whether the submission is confidential and should not be shared publicly.