Joint Statement to the Expert Mechanism on the rights of Indigenous peoples (2010)

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Joint Statement to the Expert
Mechanism on the rights of Indigenous peoples

12 – 16 July 2010, Geneva

Joint Statement by Aboriginal and Torres Strait
Islander Social Justice Commissioner Mick Gooda

Australian
Human Rights Commission

and Commissioner Karen Johansen
New Zealand Human
Rights Commission

Item 4: United Nations Declaration on the Rights of Indigenous Peoples

Thank you Mister Chairperson

We make this statement in our capacity as Aboriginal and Torres Strait
Islander Social Justice Commissioner on behalf of the Australian Human Rights
Commission and as a Commissioner of the New Zealand Human Rights Commission. Our
National Human Rights Commissions are established in compliance with the
‘Paris Principles Relating to the Status and Functions of National
Institutions for the Promotion and Protection of Human Rights’ in
accordance with General Assembly Resolution 48/134 of 1993.

National Human Rights Institutions play an important role as a conduit
between developments at the international level and domestic legal frameworks,
and are crucial in working with our national governments and our indigenous
communities to progress efforts to fully implement the UN Declaration on the
Rights of Indigenous Peoples (the Declaration).

The Office of the High Commissioner for Human Rights (OHCHR) has for several
years supported national human rights institutions in building capacity and
developing their activities in accordance with the Paris Principles. At the same
time, in the area of indigenous peoples’ rights, the OHCHR has led efforts
to ensure better human rights protection in law and in practice. These efforts
are further encouraged by Article 42 of the Declaration, which calls on the UN,
its bodies and agencies to promote the full application of the provisions of the
Declaration and follow up its effectiveness.

After the last session of the EMRIP, the OHCHR conducted a survey on
NHRI’s to ascertain the extent of National Human Rights Institutions
(NHRI) engagement in international mechanisms that address Indigenous peoples
rights. The survey results indicated that ‘only a limited number of
national human rights institutions have so far interacted with these
mechanisms.

Following on from the OHCHR report on the survey on national human rights
institutions published in July 2009, an international expert meeting was held in
Bangkok in December 2009. This meeting considered the role of NHRI’s in
promoting the implementation of the UN Declaration on the Rights of Indigenous
Peoples. Contributions by the Special Rapporteur on the Situation of Human
Rights and Fundamental Freedoms of Indigenous People as well as representatives
of the Expert Mechanism on the Rights of Indigenous Peoples and the Permanent
Forum on Indigenous Issues, took part in the Bangkok expert meeting for
NHRI’s, and made proposals as to how national human rights institutions
could co-operate with these mandates and address indigenous peoples’
rights more
consistently’^[1].

We call on the EMRIP to prepare a draft resolution for the Human Rights
Council to consider the strategies for future action resulting from the Bangkok
expert meeting, aimed at the effective promotion and implementation of the UN
Declaration on the Rights of indigenous peoples by NHRI’s.

These strategies aim to address a number of challenges faced by NHRI’s
in this regard including:

• That states that have not already done so, should establish national human
  rights institutions that comply with the Paris Principles, and that all
  NHRI’s are able to address both the individual and collective rights
  contained in the Declaration on the Rights of Indigenous Peoples.
  

• That OHCHR and NHRIs should promote the critical role of national human
  rights institutions and their regional organisations in protecting and promoting
  the rights of Indigenous peoples at the national and local level; and that the
  OHCHR should co-operate with NHRIs in order to provide training and further
  technical assistance on the rights of indigenous peoples and the Declaration on
  the Rights of Indigenous Peoples.
  

• That NHRIs should pay particular attention to the situation of indigenous
  peoples, including by monitoring compliance with the standards contained in
  international treaties and the UN Declaration on the Rights of Indigenous
  Peoples; and that states should work in partnership with UN agencies, NHRIs and
  indigenous peoples to ensure that all laws, policies, programmes and services
  respect the rights of indigenous peoples.
  

• That NHRIs are appropriately resourced to ensure that there is capacity to
  provide regular contributions to treaty bodies, the thematic studies of the
  Expert Mechanism on the Rights of Indigenous peoples and to the work of the
  Permanent Forum on Indigenous Issues, as well as domestic consultative
  mechanisms relating to the rights of indigenous peoples.
  

• That OHCHR, regional networks and others concerned should follow up the
  Bangkok expert meeting with regional and national dialogue and activities aimed
  to promote the use of the Declaration on the Rights of Indigenous Peoples in the
  work of NHRIs.

We also note that the majority of States are yet to
inform Indigenous peoples about their rights as contained in the Declaration or
to develop national implementation strategies to ensure the full implementation
of the Declaration.

For NHRI’s to effectively work with their respective governments and
Indigenous communities, the implementation of the Declaration requires decisive
and concerted effort at all levels. In line with the outcomes of the Bangkok
expert meeting of NHRI’s, this may include:

• The inclusion of indigenous peoples among the commissioners and senior
  officials in national human rights institutions.

• Working with public authorities to increase the knowledge and understanding
  of the rights of indigenous peoples.

• Addressing the non-recognition of the rights of indigenous peoples. For
  example: the limited representative structures through which indigenous peoples
  can advocate and participate in policy development; the lack of capacity to deal
  with the economic, social and cultural rights of indigenous peoples; ensuring
  that complaint handling processes also cover collective rights; and the absence
  in many countries of national human rights institutions that comply with the
  Paris Principles.

NHRI’s could have a specific role to play in
facilitating the engagement of indigenous organisations in the preparation of
their contributions to treaty body reporting and other international mechanisms
such as the Universal Periodic Review process, as well as domestic consultative
processes, particularly where the capacity of indigenous communities is limited.

NHRI’s could also have a specific role in compiling best practice
examples of how governments and indigenous peoples are implementing the UN
Declaration on the Rights of Indigenous Peoples.

The importance of ensuring that national human rights institutions remain
accessible to indigenous peoples is crucial. This may in some cases require
setting up of regional or local offices in the areas where indigenous peoples
reside as well as interpretation and other measures aimed to abolish linguistic
obstacles that in some countries still hinder access of indigenous peoples to
national human rights institutions.

Recommendations:

The Aboriginal and Torres Strait Islander Commissioner, and the Commissioner
from New Zealand recommend that:

1. The Expert Mechanism on the Rights of Indigenous Peoples prepare a draft
   resolution for the Human Rights Council to adopt the strategies for future
   action developed by the Bangkok International Expert Meeting on the Role of
   National Human Rights Institutions in Promoting the Implementation of the UN
   Declaration on the Rights of Indigenous Peoples.
   

^[1] Draft note on the outcome of
the International Meeting on the Role of National Human Rights Institutions in
Promoting the Implementation of the UN Declaration on the Rights of Indigenous
Peoples, Bangkok, Thailand, 16-17 December 2009.