Human Rights Council Discusses Issues Concerning Indigenous Peoples with the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the Rights of Indigenous Peoples

The Human Rights Council this morning held an interactive dialogue with the Expert Mechanism on the Rights of Indigenous Peoples, and started an interactive dialogue with the Special Rapporteur on the rights of indigenous peoples.

Sheryl Lightfoot, Chair-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples, said the Expert Mechanism had undertaken a study on the impact of militarisation on the rights of indigenous peoples.  The Mechanism was also submitting its report on efforts to implement the United Nations Declaration on the Rights of Indigenous Peoples: establishing effective monitoring mechanisms at the national and regional levels for the implementation of the Declaration, which included a discussion of good practices and lessons learned.  Ms. Lightfoot said the Expert Mechanism also adopted its annual report for the year.

Pablo Miss, speaking on behalf of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Populations, said that with a mandate that had been expanded nine times over the past 38 years, the Fund had supported the participation of over 3,000 indigenous representatives, including women, men, youth, elders, lesbian, gay, bisexual, transgender, queer plus persons, and indigenous persons with disabilities in human rights processes of the United Nations.  Since March 2022, the Fund was fully back in its regular programming and in 2022 alone, supported 145 indigenous representatives (80 women and 65 men) from more than 50 countries, in 13 different United Nations processes.  The Fund would not be able to carry out its mandate without the sustainable replenishment of its annual budget.

In the discussion with the Expert Mechanism, some speakers said the Expert Mechanism was an effective platform for discussing a broad range of issues pertaining to indigenous persons.  They agreed with the report’s conclusions that monitoring the implementation of the Declaration on the Rights of Indigenous Persons was crucial to delivering tangible outcomes.  Many speakers said they strongly supported the efforts undertaken to enhance the participation of indigenous peoples across the United Nations system.  Indigenous persons’ profound traditional knowledge and cultural perspectives were invaluable assets in addressing complex global challenges, such as climate change, biodiversity loss, and sustainable development. 

The Council then started an interactive dialogue with the Special Rapporteur on the rights of indigenous peoples.

Francisco Cali-Tzay, Special Rapporteur on the rights of indigenous peoples, said green financing was critical to achieving the Sustainable Development Goals.  Green financing also had an important human rights dimension and could be a source of opportunity for indigenous peoples to obtain funding to preserve their lands, knowledge and ways of life, and to create economic opportunities to help them strengthen their indigenous identity.  However, green finance investments must not contribute to ongoing human rights violations, which disproportionately affected indigenous peoples.

Mr. Cali-Tzay presented his country visit reports to Denmark and Greenland, and to Canada.  Denmark, Greenland and Canada spoke as countries concerned. 

In the discussion with the Special Rapporteur, some speakers welcomed the insightful report presented by the Special Rapporteur on green financing.  Speakers underscored the crucial role that indigenous peoples played in the global effort to address environmental challenges, combat climate change, and achieve the Sustainable Development Goals, as well as their critical knowledge in mitigating and adapting to climate change and conserving biodiversity loss.  However, indigenous peoples globally were the most affected by environmental harms.  Green funding mechanisms needed to incorporate the needs and aspirations of indigenous peoples, which required meaningful and gender-inclusive participation, consultations and input early in the design process. 

Speaking in the discussion with the Expert Mechanism were European Union, Guatemala on behalf of a group of countries, Brazil, United States, Honduras, Canada, China, Indonesia, Russian Federation, Peru, Australia, Tanzania, Panama, Cuba, Venezuela, Bolivia, Azerbaijan and Ukraine.

Also speaking were International Indian Treaty Council, Franciscans International,
Swiss Catholic Lenten Fund, Genève pour les droits de l’homme: formation internationale, Associazione Comunita Papa Giovanni XXIII, Edmund Rice International Limited, Al-Haq, Law in the Service of Man, Minority Rights Group, International Committee for the Indigenous Peoples of the Americas, and Right Livelihood Award Foundation.

Speaking in the discussion with the Special Rapporteur were Iceland on behalf of the Nordic-Baltic countries, European Union, Mexico on behalf of a group of countries, Ukraine on behalf of the States of the Ljubljana Triangle, New Zealand on behalf of a group of countries, Luxembourg on behalf of a group of countries, Vanuatu on behalf of a group of countries, Bolivia on behalf of a group of countries, United Nations Development Programme, Ecuador, Holy See, Brazil, Paraguay, Chile, Colombia, Lesotho and United States.

Speaking in right of reply at the beginning of the meeting were Greece, China, Armenia, Democratic People’s Republic of Korea, Tunisia, Venezuela, Pakistan, Türkiye, Republic of Korea, Iran, Iraq, Nicaragua, Israel, Belarus, Japan and Azerbaijan.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-fourth regular session can be found here.

The Council will reconvene at 3 p.m. this afternoon to continue the interactive dialogue with the Special Rapporteur on the rights of indigenous peoples.  The Council will then hold an interactive dialogue with the Advisory Committee, followed by an interactive dialogue on the Secretary-General’s report on cooperation with the United Nations, its representatives and mechanisms in the field of human rights.

Interactive Dialogue with the Expert Mechanism on the Rights of Indigenous Peoples

Reports

The Council has before it the reports of the Expert Mechanism on the Rights of Indigenous Peoples on Identifying, disseminating and promoting good practices and lessons learned regarding efforts to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples (A/HRC/54/52), on the Expert Mechanism’s sixteenth session (A/HRC/54/63), and its thematic study on the impact of militarisation on the rights of indigenous peoples (A/HRC/54/64).

Presentation of Reports

SHERYL LIGHTFOOT, Chair-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples, said that as decided during the fifteenth session, the Expert Mechanism had undertaken a study on the impact of militarisation on the rights of indigenous peoples, which was adopted at its sixteenth session.  The study analysed militarisation and its impact on the rights of indigenous peoples, focusing on several articles of the Declaration on the Rights of Indigenous Peoples, including article 30, which prohibited military activities in the lands or territories of indigenous peoples.  The study proposed recommendations and expressed concerns, including that the presence of military bases in some countries had directly affected indigenous peoples through movement restrictions, forced displacement, and threats and harassment against indigenous women and girls; and on the impact of militarisation when used in the context of conservation projects. 

The Mechanism was also submitting its report on efforts to implement the United Nations Declaration on the Rights of Indigenous Peoples: establishing effective monitoring mechanisms at the national and regional levels for the implementation of the Declaration, which included a discussion of good practices and lessons learned ( A/HRC/54/63 ).  The report concluded with recommendations for measures that States, indigenous peoples and other stakeholders could take to achieve the ends of the Declaration as the main legal framework for creating effective monitoring mechanisms at the national and regional levels.

Ms. Lightfoot said the Expert Mechanism adopted its annual report for the year ( A/HRC/54/64 ), detailing all the activities undertaken throughout the year, including several intersessional activities.  While the Mechanism did not undertake country engagement missions during the period reported, it had been engaging in dialogues with requesters and Member States in preparation for country visits, including Australia from 1 to 10 October this year.  The Mechanism followed up on previous engagements with Finland, New Zealand and Brazil, and on the repatriation of a spiritual object, the Maaso Kova, from the National Museum of World Culture in Sweden.  The final step of the repatriation of the Yaqui peoples’ sacred Maaso Kova along with cultural items were returned to the Yaqui traditional authorities in Vicam Pueblo in July 2023. 

This year, the Expert Mechanism continued to coordinate its work at the expert and secretariat level with the Special Rapporteur on the rights of indigenous peoples, the Permanent Forum on Indigenous Issues, and the United Nations Voluntary Fund for Indigenous Peoples.  The next annual study would focus on analysing laws, legislation, policies, constitutions, and judicial decisions concerning how States had taken measures to achieve the ends of the Declaration, consistent with article 38.  Ms. Lightfoot thanked the Council for its efforts in advancing the rights of indigenous peoples, particularly the delegations of Guatemala and Mexico for pursuing resolutions on indigenous peoples.  The common goal was the full realisation of the Declaration and all relevant human rights instruments that pointed to the enjoyment for indigenous peoples of their collective and individual human rights. 

PABLO MISS, speaking on behalf of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Populations, said with a mandate that had been expanded nine times over the past 38 years, the Fund had supported the participation of over 3,000 indigenous representatives, including women, men, youth, elders, lesbian, gay, bisexual, transgender, queer plus persons, and indigenous persons with disabilities in human rights processes of the United Nations.  Since March 2022, the Fund was fully back in its regular programming and in 2022 alone, supported 145 indigenous representatives (80 women and 65 men) from more than 50 countries, in 13 different United Nations processes.  The number of grantees in 2022 was almost tripled in comparison to previous years. 

In keeping with its expanded mandate, the Board decided to provide 25 grants to the regional forums on business and human rights and the bi-regional meetings of the local communities and indigenous peoples platforms.  The Fund was pleased to report its support to United Nations regional forums, taking the impact of the Fund directly to indigenous peoples on their lands and territories, enhancing full participation in United Nations processes.  Mindful that it was not enough to provide only travel grants to United Nations meetings, the Fund allocated resources to build the capacity of indigenous peoples to credibly participate.

Last year alone and as of the third quarter of this year, over 2,000 indigenous representatives had participated in online preparatory trainings, offered in English, French, Russian, Spanish and recently in Portuguese: a testament to the Fund’s commitment to ensure accessibility to all indigenous peoples.  Specific to indigenous women, the Fund was organising a training on the Committee on the Elimination of Discrimination against Women’s general recommendation 39 on indigenous women and girls with the International Forum on Indigenous Women.  Over the years, the Fund had seen the increasing results and impact of the effective engagement of indigenous peoples across the full spectrum of human rights work in the United Nations system.  Specific actions and recommendations for the promotion, respect, protection, and fulfilment of indigenous peoples’ rights were being made.  The Fund would not be able to carry out its mandate without the sustainable replenishment of its annual budget.  Mr. Miss thanked a number of countries, and encouraged Council members to support a healthy replenishment of the Fund’s annual budget.

Discussion

In the discussion, some speakers said the Expert Mechanism was an effective platform for discussing a broad range of issues pertaining to indigenous persons.  Speakers agreed with the report’s conclusions that monitoring the implementation of the Declaration on the Rights of Indigenous Persons was crucial to delivering tangible outcomes.  They expressed their willingness to engage constructively with the Expert Mechanism and the Special Rapporteur to work towards ensuring concrete measures for the full and effective participation of indigenous peoples across United Nations bodies on all issues affecting them.

Many speakers said they strongly supported the efforts undertaken to enhance the participation of indigenous peoples across the United Nations system.  Indigenous persons’ profound traditional knowledge and cultural perspectives were invaluable assets in addressing complex global challenges, such as climate change, biodiversity loss, and sustainable development.  As stated in the United Nations Declaration for the Rights of Indigenous Persons, “Indigenous Peoples had the right to participate in decision-making in matters which would affect their rights”.  It was therefore very important to promote their participation.

Some speakers acknowledged that despite the pivotal role indigenous peoples played in mitigating climate change, they remained among the most vulnerable and targeted communities in the world.  Indigenous peoples faced enormous challenges in the face of militarisation linked to armed conflicts, private military and security companies, as well as the fight against terrorism and organised crime.  One speaker said the report outlined atrocities which had been committed against indigenous persons by countries that refused to give up their colonial attitudes.  These countries were called on to implement the United Nations Declaration on the Rights of Indigenous Persons, and assume their due responsibility. 

One speaker said the Expert Mechanism should be guided by principles of impartiality and objectivity and follow their mandate; it was unacceptable that their agenda included the issue of sexual orientation which many indigenous persons believed to be a direct threat to their existence.  Another speaker rejected the baseless allegations made in the report of the Expert Mechanism against certain countries.  The Mechanism should be careful when using information which had not been verified or had not come from official sources, another speaker said.  

A number of speakers said they agreed with the Expert Mechanism that States needed to promote demilitarisation and consider indigenous peoples as allies to maintain a human rights agenda in peace and security.  States needed to protect indigenous peoples, in particular human rights defenders, ensuring they were not exposed to acts of harassment, murder, enforced disappearances, or criminal prosecution.  It was imperative to advance negotiations on international human rights commitments that were binding instruments, and ensure that human rights clauses were more prominent in trade agreements, with a focus on the relationship between the environment and trade. 

Some speakers asked what examples of good practices could the Expert Mechanism share regarding the provision of technical assistance to States to implement Universal Periodic Review recommendations that related to the rights of indigenous peoples?  Could the members of the Expert Mechanism shed light on ways to enhance the participation of indigenous youth?  How could States promote the participation of indigenous peoples in discussions on demilitarisation?  How could States work more collaboratively with indigenous peoples at all levels of government to achieve the goals of United Nations Declaration on the Rights of Indigenous Persons?

Concluding Remarks

SHERYL LIGHTFOOT, Chair of the Expert Mechanism on the Rights of Indigenous Peoples, said the openness of States, organizations and non-governmental organizations during the dialogue was appreciated, as was their cooperation with the Expert Mechanism in the exercise of its mandate.  On concrete suggestions for advancing the implementation of the United Nations Declaration domestically, there should be implementation legislation, followed by the creation of national action plans for meaningful consultation and interaction with indigenous organizations.  On examples of good practices related to advancing Universal Periodic Review recommendations, there was a country engagement component of the Mechanism’s mandate, and requests could be made by organizations and by States for technical assistance. 

On how to enhance indigenous peoples’ representation in the Human Rights Council, particularly youth populations, this could be done through increasing funding to the Voluntary Fund and also to the indigenous organizations requesting participation in the Council.  The Mechanism was a strong supporter of the participation of indigenous peoples, and all efforts should be put to that end.  The Expert Mechanism was a valuable tool as States and organizations continued to work on the implementation of the Declaration on the Rights of Indigenous Peoples, and this dialogue was part of that way forward.

Interactive Dialogue with the Special Rapporteur on the Rights of Indigenous Peoples

Reports

The Council has before it the reports of the Special Rapporteur on the rights of indigenous peoples on Green financing – a just transition to protect the rights of Indigenous Peoples (A/HRC/54/31) and on his visits to Denmark (A/HRC/54/31/Add.1), Greenland (A/HRC/54/31/Add.2), and Canada (A/HRC/54/31/Add.3).

Presentation of Reports

FRANCISCO CALI-TZAY, Special Rapporteur on the rights of indigenous peoples, said in recent years, the international finance sector had increasingly invested in programmes and initiatives that promoted clean energy, environmental sustainability and climate action.  Green financing was critical to achieving the Sustainable Development Goals and the targets set by agreements under the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity’s Kunming-Montreal Global Biodiversity Framework.  Green financing also had an important human rights dimension and could be a source of opportunity for indigenous peoples to obtain funding to preserve their lands, knowledge and ways of life, and to create economic opportunities to help them strengthen their indigenous identity. 

However, green finance investments must not contribute to the ongoing human rights violations, which disproportionately affected indigenous peoples.  Financial decision makers had a crucial role in preventing this, by demanding social and environmental safeguards and effective due diligence protocols to ensure indigenous peoples’ participation before approving investments for green projects. Ensuring the participation and consent of indigenous persons for projects affecting their lands was the obligation of States under international law.  Businesses and philanthropic and conservation organizations must exercise human rights due diligence throughout the design, funding and implementation of green projects.  States, international financial institutions and the private sector played a critical role in shaping policy beyond their financial investments and needed to take steps to ensure that indigenous peoples consented to participate in projects which could affect their rights. 

Mr. Cali-Tzay also presented his two country visit reports to Denmark and Greenland, and to Canada.  The country visit to Denmark and Greenland took place from 1 to 10 February 2023.  Mr. Cali-Tzay recognised the leading role of Denmark in promoting indigenous peoples’ rights internationally and encouraged the Government to continue with this important commitment.  It was a priority for the Governments of Denmark and Greenland to embrace a process to achieve truth and reconciliation, with the full participation of Inuit people in Denmark and Greenland. 

He welcomed that in September 2022, Denmark and Greenland agreed on a two-year independent investigation to scrutinise the so-called “coil campaign” that the Government of Denmark allegedly carried out starting the 1960s to control the population growth of Greenland.  During that time, it was estimated that approximately half the fertile women in Greenland received intrauterine devices without their consent or of their parents in case of minors.  The women affected by the coil campaign continued to be traumatised and sought justice for the pain and suffering imposed on them.  He was also concerned to learn that Inuit children in Denmark were seven times more likely than Danish born children to be placed in out-of-home care away from their parents due to biased tests to assess parenting skills.  He was pleased that since his visit, the Government of Denmark had committed to develop new tests for parenting skills.

The country visit to Canada took place from the 1 to 10 March 2023.  The Government of Canada had made significant progress over the 10 years since the previous visit of the Special Rapporteur, through the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act.  Canada could serve as an example for other countries due to acknowledging the historical and ongoing harms against indigenous peoples and advancing reconciliation. 

Regrettably, indigenous peoples were often victims of racial profiling, arbitrary and discriminatory arrests, and excessive use of force by law enforcement in Canada.  The Government needed to address, as a priority, the deep-set, systemic and structural racism affecting indigenous peoples, and put into practice the calls issued by the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls, and develop a comprehensive and coordinated national violence prevention strategy for indigenous women and girls.  Mr. Cali-Tzay also urged Canada to recognise the extraterritorial human rights obligations of Canadian companies operating abroad and ensure they were held accountable for human rights violations committed in Canada and in other countries, including against indigenous peoples.

Mr. Cali-Tzay concluded by saying he hoped to undertake visits to Tanzania and Namibia in 2024.  He urged all States, especially in Asia and Africa, to accept country requests and to extend their cooperation to his mandate.

Statements by Countries Concerned

Canada, speaking as a country concerned, recognised that Canada had historically denied rights to First Nations, Inuit, and Métis, and that the effects of this legacy persisted today.  As Canada continued to grapple with these hard truths and worked to address longstanding inequalities, the Government was moving towards the recognition and full realisation of rights as the basis for Canada’s relationship with indigenous peoples, including advancing the vital work of reconciliation.  Canada said that although there had been a number of positive developments since the last visit under this mandate in 2013, many challenges remained, and welcomed the Special Rapporteur’s recommendations on how to move forward.

Several issues highlighted in the report had been identified as priority areas for work by Canada.  Many of the challenges faced by indigenous peoples were interconnected and stemmed from the intergenerational trauma caused by the residential school system.  Canada continued to work to fully implement all Canadian Human Rights Tribunal orders, support indigenous peoples’ right to self-governance in relation to child and family welfare, and collaborate with indigenous partners and provincial and territorial governments on reforming child and family services.  The report discussed the negative effects of climate change on indigenous peoples, particularly those in the North.  In recognition of this, the Government of Canada recently reaffirmed its commitment to the co-development of an indigenous climate leadership agenda, and distinctions-based climate strategies.

National Human Rights Commission of Canada said the situation of indigenous peoples in Canada continued to be the most pressing human rights issue facing the country today.  The lasting effects of the residential school system, and other colonial acts continued to affect in profound ways the human rights of indigenous peoples across Canada.  It was critical to seek a way forward towards reconciliation.  Indigenous peoples continued to be significantly disadvantaged in terms of education and access to other basic rights such as food, clean water and housing. 

Indigenous women continued to face staggering levels of violence that were all too often ignored by the authorities, and persons with disabilities suffered from discrimination.  Indigenous communities faced threats to their health and well-being due to climate change, environmental racism, and the dispossession of lands.  There should be increased support for the implementation of the economic, social and cultural rights of Canadian indigenous peoples, with priority given to access to safe and affordable housing.  Decision makers at all levels of Government should include the recommendations of the Special Rapporteur in the development of all policies, plans and programmes going forward.

Denmark, speaking as a country concerned, said Denmark and Greenland welcomed the report of the Special Rapporteur on green financing and agreed that those most affected by environmental harm should not bear the costs.  Denmark was a strong defender of the rights of indigenous peoples, promoting indigenous peoples’ rights in international fora at the United Nations and at the Arctic Council, among others.  The country’s compass was set for the universal implementation of the United Nations Declaration on the Rights of Indigenous Peoples. 

The process on the participation of indigenous peoples’ representatives and institutions in the United Nations was key in this regard.  Denmark was actively engaged in exploring constructive avenues for their participation.  In the Arctic, the support to the Inuit Circumpolar Council was prioritised.  To reach indigenous peoples’ organizations worldwide, the International Work Group for Indigenous Affairs, based in Copenhagen, was a key strategic partner for Denmark.  Denmark was also a proud donor to the United Nations Voluntary Fund for Indigenous Peoples.

Greenland, speaking as a country concerned, said the collaboration between United Nations Member States and the Special Procedures was an essential element of the international human rights framework.  The rights of indigenous peoples were an important priority for the Danish Government and for the Government of Greenland, Naalakkersuisut.  Strong cooperation between Denmark and Greenland was the reason for delivering strong results for the rights of indigenous peoples.  The report pointed to pertinent challenges in ensuring a just and equal society for all Inuit, whether they lived in Denmark or in Greenland.  The report was also a welcome reminder of the need for an analysis and debate on how the application of the standards of the United Nations Declaration on the Rights of Indigenous Peoples and International Labour Organization Convention 169 could be interpreted in countries such as Greenland, where there was an extensive self-governance or autonomy.  Greenland concluded by reiterating full support for the Special Rapporteur’s mandate.

Discussion

In the discussion, some speakers welcomed the insightful report presented by the Special Rapporteur on green financing.  The report eloquently explained how green finance could positively impact indigenous peoples by promoting sustainable practices, mitigating and adapting to climate change, and conserving biodiversity when it recognised their rights as set out in the United Nations Declaration on the Rights of Indigenous Peoples and included them in project planning and implementation.  The linkage acknowledged traditional knowledge and values as essential components of global sustainability efforts.

Some speakers underscored the crucial role that indigenous peoples played in the global effort to address environmental challenges, combat climate change, and achieve the Sustainable Development Goals as well as their critical knowledge in mitigating and adapting to climate change and conserving biodiversity loss.  However, indigenous peoples globally were the most affected by environmental harms.  In the Arctic, the temperatures continued to rise at three times the global annual average.  Climate change threatened nature, and the livelihood of indigenous peoples.  The Pacific Community particularly was heavily reliant on the oceans to further socio-economic development; the protection of the oceans was paramount to survival.  Speakers were also concerned about threats and violence against indigenous peoples in the context of land and natural resources in the protection of the environment, biodiversity and the climate.

When developing green financed projects, two central concepts were the human rights-based approach and sustainability.  It was crucial that politicians and authorities had knowledge of indigenous peoples’ culture and traditional ways of living.  When projects were planned and developed, authorities were obliged to consult with affected indigenous peoples.  Green funding mechanisms needed to incorporate the needs and aspirations of indigenous peoples, which required meaningful and gender-inclusive participation, consultations and input early in the design process. 

A number of speakers said indigenous rights were at the centre of the transformative change needed to address the complex, and interlinked, environmental challenges the world was facing today.  Indigenous peoples were the holders of traditional knowledge and stewards of biodiversity.  A just transition needed to ensure a human rights-based approach, and ensure that no one was left behind in the shift to a low emissions economy.  Equity was key, meaning the principles of justice, democracy, respect for human rights, non-discrimination and good faith needed to underpin a just transition.

Speakers asked the Special Rapporteur why consultations with indigenous peoples were particularly important in the context of green financing?  Could the Special Rapporteur provide information on measures taken to improve gender inclusiveness in green finance projects?  What experiences existed of successful coordination between multiple stakeholders to incorporate free, prior and informed consent within the framework of just transition?  How could the participation of indigenous peoples be ensured in the design but also implementation of green finance projects?  And what were the most important aspects that needed to be considered to promote access to green jobs and protect the ancestral knowledge of indigenous persons?

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/09/morning-human-rights-council-discusses-issues-concerning