ohchr test - indigenous rights.docx

**[General notes:]** - One of the **most cited descriptions of the concept of the indigenous peoples was given by Jose R. [Martinez Cobo]**, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in his famous Study on the Proble...

**[General notes:]** - One of the **most cited descriptions of the concept of the indigenous peoples was given by Jose R. [Martinez Cobo]**, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in his famous Study on the Problem of Discrimination against Indigenous Populations. - Chief Deskaheh was a visionary indi. Activist in 1923 at the league of nations. - Only in 1977 indigs gained access to the UN in Geneva. - [Adoption of DRIP on 19 September 2007] - Individual or Group complaints regarding Indigenous matters can only be submitted to SPs or Treaty Bodies. Complaints on general patterns of HR violations can also be submitted to the HR council but not the treaty bodies. - 1993 was the International Year for the World\'s Indigenous People. - [Int. Year of Indigenous Languages, 2019](https://en.iyil2019.org/) - International Day of the World's Indigenous Peoples ([9 August)]. The date marks the first day of the first meeting of the Working Group on Indigenous Populations in 1982. - [1992 Earth Summit]: The **United Nations Conference on Environment and Development** (**UNCED**) was a major [United Nations](https://en.wikipedia.org/wiki/United_Nations) [conference](https://en.wikipedia.org/wiki/Diplomatic_conference) held in [Rio de Janeiro](https://en.wikipedia.org/wiki/Rio_de_Janeiro) from 3 to 14 June 1992. An important achievement of the summit was an agreement on the [Climate Change Convention](https://en.wikipedia.org/wiki/Climate_Change_Convention). Another agreement was to \"*[not to carry out any activities on the lands of ][indigenous peoples](https://en.wikipedia.org/wiki/Indigenous_peoples)[ that would cause ][environmental degradation](https://en.wikipedia.org/wiki/Environmental_degradation)[ or that would be culturally inappropriate]*. Also, the biodiversity convention. - [UNFCCC COP 24] was a significant milestone in the history of Indigenous Peoples' rights. It marked the [first time that Indigenous Peoples had been able to directly select their representatives], it marked the [establishment of the Local Communities and Indigenous Peoples Platform.] - The mandates of the Expert Mechanism, the Special Rapporteur and the Permanent Forum can be seen as complementary. The Expert Mechanism undertakes thematic studies. The Special Rapporteur undertakes country visits, addresses specific cases of alleged human rights violations through communications with Governments or others and, in addition, undertakes or contributes to thematic studies. The Permanent Forum focuses on advice and coordination on indigenous issues within the United Nations and raises awareness about such issues. **[Historic progress]** The rights of Indigenous Peoples have been progressively given more attention by the UN system, - [The International NGO Conference on Discrimination Against Indigenous Populations in the Americas, held at United Nations' offices in Geneva on September 20-23, 1977], was a watershed event, the [very first UN conference with Indigenous delegates], the first direct entry of Native peoples into international affairs. - Establishment of [the United Nations Working Group on Indigenous Populations in 1982], - **[The International Labour Organization (ILO) Convention on Indigenous and Tribal Peoples, 1989 (No. 169)]** - The [only international] [treaty open for ratification] that deals exclusively with the rights of these peoples. This convention revised Convention C107, the [Indigenous and Tribal Populations Convention, 1957](https://en.wikipedia.org/wiki/Indigenous_and_Tribal_Populations_Convention,_1957). [24 states ratified it]. No USA, Canada, Australia, NZ, Sweden. - Convention No. 169 is fundamentally concerned with [non-discrimination]. it covers indigenous peoples' rights to development, customary laws, lands, territories and resources, employment, education and health. - Article 1: "...**Self-identification** as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to which the provisions of this Convention apply." - the United Nations Declaration on the Rights of Indigenous Peoples of 2007 (UNDRIP) - as well as the outcome document of the 2014 World Conference on Indigenous Peoples. **[United Nations Declaration on the Rights of Indigenous Peoples of 2007 ]** The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the General Assembly on 13 September **2007**. Initial drafting in 1994. It Has 46 articles. It was adopted with **144** votes in favour, 11 abstentions and **four** States against (Australia, Canada, New Zealand and the United States of America). Since then, a number of States have changed their position, including [the four which voted against but have now endorsed the Declaration]. The Declaration is the **most comprehensive instrument detailing the rights of indigenous peoples in international law and policy, containing minimum standards for the recognition, protection and promotion of these rights**. It establishes a universal framework of **[minimum standards]** for the survival, dignity, well-being and rights of the world\'s indigenous peoples. The Declaration [addresses both individual and collective rights]; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them. It also ensures their [right to remain distinct and to pursue their own priorities in economic, social and cultural development]. The Declaration explicitly encourages harmonious and cooperative relations between States and indigenous peoples. [Indigenous peoples' rights are, by definition, collective rights]. The UNDRIP is the first international standard [focusing primarily on the recognition of collective rights], rather than on individual human rights. **Article 1:** Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of [justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.] It emphasises the right [to self-determination]: The right to **freely determine their political status and freely pursue their economic, social and cultural development.** **[OHCHR's work on indigenous issues]** The UN Human Rights Office carries out a range of country-specific and regional activities to advance the rights of Indigenous Peoples. - Support legislative change at national level and provide legal analysis and expert advice on relevant policies and legislation; - Facilitate dialogue and cooperation with a wide range of actors including State authorities, parliamentarians and national human rights institutions; - Develop tools and guidance on the rights of Indigenous Peoples; - Contribute actively to the [**Inter-Agency Support Group (IASG) on Indigenous Issues**](https://www.un.org/development/desa/indigenouspeoples/about-us/inter-agency-support-group.html), notably to implement the [**UN system-wide action plan on the Rights of Indigenous Peoples**](https://www.un.org/development/desa/dspd/2017/04/system-wide-action-plan-swap-on-the-rights-of-indigenous-peoples/); - Coordinate a [**fellowship programme for indigenous young people**](https://www.ohchr.org/EN/Issues/IPeoples/Fellowship/Pages/IndigenousFellowshipProgrammeIndex.aspx), offered in 5 languages; - Support the [**UN Voluntary Fund for Indigenous Peoples**](https://www.ohchr.org/EN/Issues/IPeoples/IPeoplesFund/Pages/IPeoplesFundIndex.aspx); - Provide secretariat support to the [**Expert Mechanism on the Rights of Indigenous Peoples**](https://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx); - Provide secretariat support to the [**Special Rapporteur on the Rights of Indigenous Peoples**](https://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx). **[\ ]** **[Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)]** EMRIP was established by the Human Rights Council, the UN's main human rights body, in **** under [**resolution 6/36**](http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_6_36.pdf) as a **subsidiary body of the HR Council (which in turn is a general assembly sub)**. EMRIP is the successor of the, in 1982 established, Working Group on Indigenous Populations (WGIP). It is composed of [**seven** independent members (appointed by the HRC), one from each of the **seven** Indigenous sociocultural regions:] Africa; Asia; the Arctic; Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia; Central and South America and the Caribbean; North America; and the Pacific. Each expert is serving for [**three years** with the possibility of re-election for another term.] Who can participate in meetings of EMRIP? **Fairly open/flexible**: Representatives of non-governmental organizations in consultative status with the United Nations Economic and Social Council (ECOSOC), Representatives of Indigenous Peoples organizations, Representatives of NGOs not in consultative status with ECOSOC, Academics and experts on Indigenous Peoples and National Human Rights Institutions (NHRIs). The Expert Mechanism provides the Human Rights Council with **expertise and advice on the rights of Indigenous Peoples.** **It [assists Member States in achieving the goals of the United Nations Declaration on the Rights of Indigenous Peoples (EMRIP was established after UNDRIP)]**. The Expert Mechanism submits [annual thematic studies to the Human Rights Council (HRC). ] The Expert Mechanism conducts studies to advance the promotion and protection of Indigenous Peoples' rights by: - **clarifying the implications of key principles**, such as self-determination and free, prior and informed consent - **examining good practices** and challenges in a broad array of areas pertaining to Indigenous Peoples' rights, - **suggesting measures that States** and others can adopt at the level of laws, policies and programmes. EMRIP's mandate was [amended in September 2016] by Human Rights Council [**resolution 33/25**](https://undocs.org/A/HRC/RES/33/25). Specific new elements of the mandate include, most notably **[country engagement]**: - [Upon request,] assisting Member States and/or indigenous peoples in identifying the need for and **providing technical advice** regarding the development of domestic legislation and policies relating to the rights of indigenous peoples; - **Providing Member States, upon their request, with assistance and advice for the [implementation of recommendations made]** [ **at the universal periodic review**] **and by treaty bodies,** special procedures or other relevant mechanisms; - **Upon the request of Member States, indigenous peoples and/or the private sector, engaging and assisting them by facilitating dialogue**, when agreeable to all parties, in order to achieve the ends of the Declaration; - Identifying, disseminating and promoting good practices and lessons learned the efforts to achieve the ends of the Declaration, including through reports to the Human Rights Council; - Expansion of the membership [from five to seven experts], in order to reflect the seven indigenous sociocultural regions. [Country engagement] [Modalities of engagement, timelines and the types of activity envisioned, as well as the expected final product,] should be prepared by the Expert Mechanism in consultation with the requester(s) and other relevant stakeholders. The [terms of reference] should also include [modalities for the disclosure of information], in agreement with the requester and other stakeholders. Country **engagement [may include country missions]** [by Expert Mechanism members at the request of States and/or indigenous peoples]. The approval and cooperation of all parties should be sought. You can provide support to country visits, participate in meetings, you can make a written submission to a report or meeting, you [cannot submit complaints]. Other than that you cannot provide specific information to EMRIP. **[Permanent Forum on Indigenous Issues]**  You [cannot submit any kind of complaints] to this body. No support for country visits. The [United Nations Permanent Forum on Indigenous Issues](https://www.un.org/development/desa/indigenouspeoples/unpfii-sessions-2.html) (UNPFII) is an **advisory body to the Economic and Social Council**. The Forum **was established in** **2000** with the mandate to **deal with indigenous issues related to economic and social development**, culture, the environment, education, health and human rights.  The mandate of the Forum is to discuss indigenous issues related to economic and social development, culture, the environment, education, health and [human rights](https://en.wikipedia.org/wiki/Human_rights). The forum is to: - Provide expert **advice and recommendations to the Economic and Social Council and to the various programmes, funds and agencies of the [United Nations System](https://en.wikipedia.org/wiki/United_Nations_System) through the Council**; - [Raise awareness](https://en.wikipedia.org/wiki/Raising_awareness) and promote the integration and coordination of activities related to **indigenous issues within the UN system**; - **Prepare and disseminate information on these issues** The forum is composed of [16 independent experts], functioning in their personal capacity, who are appointed to [three-year terms]. At the end of their term, they can be re-elected or re-appointed for one additional term. Meets [once a year]. Who can participate in the UNPFII? Indigenous Peoples' organizations, Member States, UN bodies and organs, Intergovernmental organizations and NGOs with consultative status with the ECOSOC. There are two speaking procedures during a normal session of the UNPFII: [Advanced speakers list and Interactive dialogues]. **[Voluntary Fund for Indigenous people]** The UN Voluntary Fund for Indigenous Peoples offers financial support in the form of grants. These grants aim to [help representatives of indigenous communities and organizations to participate in UN mechanisms and processes most relevant to indigenous issues]. Any member of an indigenous community can apply for a grant. The UN Voluntary Fund for Indigenous Peoples was established pursuant to [General Assembly resolution ][**40/131**](https://undocs.org/A/RES/40/131)[ of 13 December **1985**]. The Fund provides support to the representatives of Indigenous Peoples to participate in the sessions of the **United Nations Permanent Forum on Indigenous Issues (PFII), the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), the sessions of the HRC, including its UPR, ([for the two latter ECOSOC status required)] and the human rights treaty bodies**. ([Not GA, not SP and NOT ECOSOC).] With the expansion of the Fund's mandate in , it now enables Indigenous Peoples to participate in the [**Forum on Business and Human Rights (FBHR)**, and **meetings of the Framework Convention on Climate Change (FCCC**]). According to General Assembly resolution 40/131, the [only beneficiaries of assistance from the Fund shall be representatives of indigenous peoples' organizations and communities]: 1. Who are so considered by the Board of Trustees; 2. Who would not, in the opinion of the Board, be able to attend meetings without the assistance provided by the Fund; 3. Who would be able to contribute to a deeper knowledge on these mechanisms and bodies of the problems affecting indigenous peoples and who would secure a broad geographical representation. In 2023, the United Nations Voluntary Fund for Indigenous Peoples supported the participation of [126 Indigenous representatives (57 men and 69 women) in 14 United Nations meetings] and processes. **The fund also supports capacity building [for Indigenous Peoples' grantees] so that they can effectively [participate in United Nations meetings]. The Fund supports human rights training in Geneva and New York, to increase the capacity of grantees and other indigenous representatives to effectively participate in human rights mechanisms and provide effective work back home.** The Fund is administered by the Secretary-General assisted by a **Board of Trustees**. The mandate of the Board is to advise the Secretary-General, represented by the High Commissioner for Human Rights, on the **use of funds, through OHCHR. [OHCHR serves as the coordinator and Secretariat of the Fund].** The **Board is composed of [five persons] with relevant experience on indigenous issues**, who serve in their personal capacity. The **members of the Board are [appointed by the Secretary-General] for a three-year renewable term.** **At least [one member of the Board of Trustees shall be a representative of a widely recognized organization of indigenous people].** **[Special Procedures (remember it's an individual and not a meeting or body per se)]** Most SPs are of direct relevance to indigenous rights. Indig. HRDs can make use of SPs in almost any kind of way, except for info on to generate confidential inquires or info on early warning for emergency procedures. [Special Rapporteur on the rights of Indigenous Peoples] In **2001**, the [**Commission on Human Rights**](https://www.ohchr.org/EN/HRBodies/CHR/Pages/CommissionOnHumanRights.aspx) decided to appoint a Special Rapporteur (**Francisco Cali Tzay**) on the rights of indigenous peoples, as part of the system of thematic [**Special Procedures**](https://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx). The Special Rapporteur's mandate was renewed by the Commission on Human Rights in 2004, and by the [**Human Rights Council**](https://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndexold.aspx) in 2007. It was most recently renewed in 2022 in [**resolution 51/16**](https://undocs.org/A/HRC/RES/51/16). 3-year term. With one extension term possibility. This mandate was created to: - Promote good practices, including new laws, government programs, and constructive agreements between indigenous peoples and states, to implement international standards concerning the rights of indigenous peoples; - Make recommendations and proposals on appropriate measures to prevent and remedy violations of the rights of indigenous peoples; - Report on the human rights situations of indigenous peoples around the world; - Address specific cases of alleged violations of indigenous peoples' rights. Every year, the Special Rapporteur [presents annual reports], usually on specific themes or issues important to the rights of indigenous peoples. Mandate-holders carry out [country visits] to assess the situation of human rights at the national level.  Possible to submit complaints on general patterns of hr abuses, but no individual/group complaints. Really? What is the purpose of communications for the Special Rapporteur? - ** **To promote the United Nations Declaration on the Rights of Indigenous Peoples -  To ask that the violations are prevented, stopped, investigated, or that remedial action is taken -  To draw the attention of Governments and others to alleged human rights violations - To raise public awareness on individual and group cases, and legislative and policy developments **[Working with the UPR]** - Cannot submit a complaint. - Cannot provide support for country visits. - Cannot provide information to an independent expert, procedure, or generate confidential inquires. - Can [generally contribute/participate via diverse meetings, participation in consultation, information provision on specific HR concerns... participate in oral briefing if ECOSOC status].. **[IASG ]** The Inter-Agency Support Group (IASG) on Indigenous Issues was established to **support and promote the mandate of the UN Permanent Forum on Indigenous Issues within the United Nations system**. The IASG was initiated during the informal meetings of UN system entities during the drafting process of the UN Declaration on the Rights of Indigenous Peoples (circa **1994**). The IASG currently comprises of **44** **members**. **[What are indigenous people?]** There is **no singularly authoritative definition of Indigenous Peoples** under international law and policy, and the Indigenous Declaration does not set out any definition. This decision was taken intentionally by the **drafters based on the rationale that the identification of an indigenous people is the right of the people itself---the [right of self-identification]- and a fundamental element of the [right to self-determination].** **Any single definition will not fully capture the full diversity of the Indigenous Peoples of the world**. In fact, its [articles 9 and 33] state that Indigenous Peoples and individuals have [the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned, and that they have the right to determine their own identity]. Minorities and Indigenous Peoples have some similar rights under international law, although the United Nations Declaration on the Rights of Indigenous Peoples is arguably more comprehensive than international legal instruments associated with minorities. Despite the lack of an authoritative definition, there are [criteria] that help to define indigenous peoples. The main one is the criterion of self-identification and those proposed by [José Martínez Cobo in his "Study of the problem of discrimination against indigenous populations",] which include: **Historical continuity with pre-invasion and/or pre-colonial societies that developed on their territories; Distinctiveness;** **Non-dominance**; and A d**etermination to preserve, develop and transmit to future generations** their ancestral territories and identity as peoples in accordance with their own cultural patterns, social institutions and legal system. The United Nations Permanent Forum on Indigenous Peoples has stressed, in addition to the above: A strong **link to territories and surrounding natural resources**; **Distinct** **social, economic or political systems**; and **Distinct** **language**, **culture and beliefs.** **[Consultation and free, prior and informed consent (FPIC)]** **The Declaration on the Rights of Indigenous Peoples requires States to [consult and cooperate in] [good faith] with the Indigenous Peoples concerned [through their own representative institutions]** in order to obtain their free, prior and informed consent [before adopting and implementing legislative or administrative measures that may affect them.] Consultation and participation are crucial components of a consent process. **States must have consent as the objective of consultation** [before] any of the following actions are taken: - The [adoption of **legislation** or administrative policies] that affect Indigenous Peoples (article 19); - The [undertaking of **projects** that affect Indigenous Peoples' rights] to land, territory and resources, including mining and other utilization or exploitation of resources (article 32); - The [**relocation** of Indigenous Peoples] from their lands or territories (article 10); - The [**storage or disposal of hazardous materials** on Indigenous Peoples' lands or territories] (article 29); **[Free]** implies that there is **no coercion, intimidation, or manipulation**. **[Prior]** implies that consent is **to be sought sufficiently in advance of any authorization or commencement of activities** and respect is shown to [time requirements of indigenous consultation/consensus processes.] **[Informed]** implies that [information is provided that covers a range of aspects], including the nature, size, pace, reversibility and scope of any proposed project or activity; the purpose of the project as well as its duration; locality and areas affected; a preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks; personnel likely to be involved in the execution of the project; and procedures the project may entail. **[World Conference on Indigenous Peoples]** The General Assembly, in its [resolution 65/198 of 21 December 2010], decided to organize a high-level plenary meeting of the General Assembly, to be known as the World Conference on Indigenous Peoples, in order to [share perspectives and best practices on the realization of the rights of Indigenous Peoples, including pursuing the objectives of the United Nations Declaration on the Rights of Indigenous Peoples]. The World Conference was held on **22 September 2014** and in the afternoon of 23 September 2014 in **New York.** Led to the recognition from Member States of Indigenous Peoples' right to determine and develop priorities and strategies for exercising **[their right to development]**. It resulted in a concise, action-oriented [**outcome document**](https://undocs.org/A/69/L.1) prepared on the basis of inclusive and open informal consultations with Member States and Indigenous Peoples. [(On 8 September 2017, the General Assembly adopted resolution ][A/RES/71/321](https://undocs.org/A/RES/71/321)[ entitled Enhancing the Participation of Indigenous Peoples' Representatives and Institutions in Meetings of Relevant United Nations Bodies on Issues Affecting Them.] This resolution is a result of a process that began with a commitment by Member States, during the World Conference on Indigenous Peoples in 2014, to consider the participation of Indigenous Peoples at the United Nations. ) **[UN-SWAP]** **[As requested by the 2014 World Conference on Indigenous Peoples,] a** **System Wide Action Plan on Indigenous Peoples ([UN-SWAP](https://www.un.org/development/desa/indigenouspeoples/about-us/system-wide-action-plan.html)) was developed in 2015** with the support of the Inter-Agency Support Group on Indigenous Issues (**[IASG]**) for **ensuring a coherent approach** to achieving the ends of the United Nations Declaration on the Rights of Indigenous Peoples. The Under-Secretary-General for Economic and Social Affairs has coordinated the development of this action plan. It **emphasizes [action at the country level] to promote implementation of the United Nations Declaration on the Rights of Indigenous Peoples and provide [a framework to measure the support and progress of the Unite]d Nations' work to advance the rights** and wellbeing of the world's Indigenous Peoples. The system-wide action plan covers six action areas: - » **Raise awareness** on the UN Declaration on the Rights of Indigenous Peoples and indigenous issues - » **Support the implementation** of the UN Declaration on the Rights of Indigenous Peoples, particularly at the country level - » Support the realization of **indigenous peoples' rights in the implementation and review of the 2030 Agenda for Sustainable Developmen**t - » Conduct a **mapping exercise of existing policies, standards,** guidelines, activities, resources and capacities within the UN and multilateral system to identify opportunities and gaps - » **Develop capacities** of states, indigenous peoples, civil society and UN personnel at all levels and - » **Support the participation of indigenous peoples** in processes that affect them This action plan falls clearly within the letter and spirit of articles **[41 and 42]** [of the United Nations Declaration on the Rights of Indigenous Peoples, in addressing all the articles of the Declaration within each agency's respective mandates.] **[2020 - A call to action: Building an inclusive, sustainable and resilient future with Indigenous Peoples]** In 2020, the fifth anniversary of the SWAP-Indigenous Peoples, the **[IASG]** saw the opportunity to **revitalize the action plan and strengthen collective and coherent UN system efforts through a call to action on building an inclusive, sustainable and resilient future with Indigenous Peoples**. The [**call to action**](https://unsceb.org/sites/default/files/2021-01/CEB-Call-to-Action-Indigenous-2020-WEB%20(1).pdf) was endorsed in November 2020 by the United Nations System Chief Executives Board for Coordination ([CEB]), composed of the Executive Heads of 31 United Nations system entities. The call to action aims to: - Ensure more **systematic participation of Indigenous Peoples in United Nations processes** and initiatives that affect them; - Strengthen **targeted actions at the country level** to support the rights of Indigenous Peoples and learning from good practices; - Ensure **greater accountability and visibility** for the action plan; and - Strengthen the **disaggregation of data on Indigenous Peoples** to ensure greater visibility of Indigenous Peoples and their situation. Collect and analyse [lessons learned and good practices] on United Nations actions in support of the realization of the rights of indigenous peoples. The call to action also recognized the impact of Covid. The call is based on/following up on the general 2020 call to action for Human rights. **[SDG 2030 Agenda and Indigenous rights]** The Agenda refers to Indigenous Peoples [6 times], three times in the political declaration; two in the targets under [**Goal 2** on Zero Hunger (target 2.3]) and [**Goal 4** on education (target 4.5)] -- and one in the section on follow up and review that calls for Indigenous Peoples' participation. Apart from the direct references, [many of the Sustainable Development Goals (SDGs) and associated targets are relevant for Indigenous Peoples]. Moreover, the global indicator framework that will measure progress of implementation of the 17 sustainable development goals (SDGs) includes [two indicators] that refer directly to Indigenous Peoples ([Indicator 2.3.2 (Average income of small-scale food producers, by sex and indigenous status) and 4.5.1 (Parity indices (female/male, rural/urban, bottom/top wealth quintile and others such as disability status, indigenous peoples... for all education indicators on this list)]) and several other indicators that are relevant for Indigenous Peoples, particularly indicator 1.4.2 and 5.a.1 on land rights. **[Decade's of the world's indigenous people]** The [first] International Decade of the World\'s Indigenous People, \"Indigenous People: Partnership in Action\" (1995--2004), was proclaimed by [General Assembly resolution](https://en.wikipedia.org/wiki/United_Nations_General_Assembly_Resolution) 48/163 with the main objective of **strengthening international cooperation** for the solution of problems faced by indigenous peoples. The [Second] International Decade of the World\'s Indigenous People, \"**Partnership for Action and Dignity**\" (2005--2015), was proclaimed by the General Assembly at its 59th session, and the programme of action was adopted at the 60th session. [Third] Decade of Indigenous **Languages** (**2022--2032**). [On 28 February 2020, 500 participants of a high-level assembly adopted the \"**Los Pinos Declaration**\" which concentrates on the indigenous language users\' human rights.] **[IITC]** The **International Indian Treaty Council** (**IITC**), founded in , is an organization of [Indigenous Peoples](https://en.wikipedia.org/wiki/Indigenous_Peoples) from North, Central, South America, the Caribbean and the Pacific working for the Sovereignty and Self-Determination of [Indigenous Peoples](https://en.wikipedia.org/wiki/Indigenous_Peoples) and the recognition and protection of Indigenous Rights, Treaties, Traditional Cultures and Sacred Lands. Since , the IITC has been recognized by the [United Nations](https://en.wikipedia.org/wiki/United_Nations) as a category II Non-governmental Organization (NGO) **with [Consultative Status](https://en.wikipedia.org/wiki/Consultative_Status) with the UN Economic and Social Council, making it the [first indigenous NGO to gain such status].** **[High Level Political Forum on Sustainable Development and Indigenous matters]** The [**High-Level Political Forum on sustainable development**](https://sustainabledevelopment.un.org/hlpf/) (HLPF) is the central global platform for follow-up and review of the [**2030 Agenda for Sustainable Development**](https://sustainabledevelopment.un.org/post2015/transformingourworld) and the [**Sustainable Development Goals (SDGs)**](https://sdgs.un.org/goals). The HLPF meets annually under the auspices of the [**Economic and Social Council**](https://www.un.org/ecosoc/en/) and every four years at the level of Heads of State and Government under the GA. The **[Indigenous Peoples Major Group (IPMG)]** nominated Organizing Partners (OPs) to serve as facilitators: Tebtebba (Indigenous Peoples International Centre for Policy research and Education) and IITC (international Indian Treaty Council). Information sharing, feedback and recommendations are forwarded to the Global IP-OPs for consideration on proposals and position papers submitted by the IPMG to the Sustainable Development Goals and the Post2015 Development Agenda processes. It is estimated that there are **approximately 370 million Indigenous Peoples in the world**, belonging to **5,000 different groups, in 90 countries worldwide**. Indigenous Peoples are found in every region of the world, but about **70% of them live in Asia**. Indigenous Peoples constitute about **5% of the world's population**, yet account for **about 15% of the world's poor**. **[The International Indigenous Forum on Biodiversity (IIFB)]** The International Indigenous Forum on Biodiversity (IIFB) is a collection of representatives of indigenous governments, indigenous non-governmental organizations and Indigenous academics and activists who organise [around the Convention on Biological Diversity (CBD]) and other major international environmental meetings to help coordinate indigenous strategies. The IIFB [aims to facilitate and support the full and effective participation of indigenous peoples in the CBD] to ensure that the r[ights of indigenous peoples and their contribution to nature are recognized and respected] during the negotiation and adoption of the decisions of the CBD and its protocols, and its further implementation. **[OHCHR's work on minority rights]** Minority rights are an integral part of the United Nations' work for the promotion and protection of human rights, sustainable human development, peace and security. OHCHR has a leading role within the UN system in this respect.  OHCHR is [co-chair of the **UN Network on Racial Discrimination and Protection of Minorities**]. "The Network", created in **2012**, brings together more than 20 UN departments, agencies, programmes and funds**, enhancing cooperation and dialogue on minorities across the UN system**. OHCHR is leading the [Agenda for Protection workstream of the Network Work Plan 2021]+. In addition, we work to further the rights of minorities worldwide through the implementation of strategic activities, and by [providing support to the **Forum on Minority Issues**] and to [the mandate of the **Special Rapporteur on minority issues**].  **[UN definitions]**---set out primarily in the Declaration---focus on four categories: [national, ethnic, religious and linguistic].  It is commonly understood that in many cases, these are [not hard-and-fast categories, but rather potentially overlapping ones].  Core elements of UN frameworks on the rights of minorities involve, in particular, protection of existence as minorities; non-discrimination; the enjoyment of their own culture, religion, and language; effective participation in cultural, religious, social, economic and public life; effective participation in decision-making; the maintenance of their own associations; and the maintenance of contacts and relations across frontiers.  The protection of the rights of minorities is provided for under [article 27] of the [**International Covenant on Civil and Political Rights**](https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights) and [article 30] of the [**Convention on the Rights of the Child**](https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child). The 1992 [**United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities**](https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-rights-persons-belonging-national-or-ethnic) is the document which [sets essential standards and offers guidance to States] in adopting appropriate legislative and other measures to secure the rights of persons belonging to minorities. It has 9 articles. **N[o mention of self-determination] [or Indigenous]. Reference to ethnic, religious and linguistic minorities, which indirectly covers indigenous people.** The fundamental pillar of human rights and minority legal protection are **[the principles of non-discrimination and equality]**, which constitute the basis of all [**core human rights treaties**](https://www.ohchr.org/en/core-international-human-rights-instruments-and-their-monitoring-bodies). **[Minorities Fellowship Programme (MFP)]** Launched in , **the MFP** is OHCHR's most comprehensive [training programme for human rights and minority rights defenders belonging to national or ethnic, religious and linguistic minorities]. The Programme is offered in [three] linguistic components: English, Russian, and Arabic. The MFP takes place in Geneva, Switzerland. Fellows are entitled to: - a return ticket (economy class) from the country of residence to Geneva; - basic health insurance for the duration of the Programme; and - a stipend to cover modest accommodation and other living expenses for the duration of the Programme. **[Other relevant treaties covering Indigenous matters ]** [**The International Covenant on Civil and Political Rights (ICCPR)**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx), adopted by the General Assembly on 16 December 1966. The Human Rights Committee, responsible for monitoring the implementation of ICCPR, has applied several of its provisions in the specific context of indigenous peoples, including the **right to self-determination** ([**article 1**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx)), and the rights of national, ethnic, and linguistic **minorities** ([**article 27**](https://undocs.org/CCPR/C/21/Rev.1/Add.5)). The [**International Covenant on Economic, Social and Cultural Rights (ICESCR)**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx), adopted by the General Assembly on 16 December 1966. The Committee on Economic, Social and Cultural Rights, responsible for monitoring the implementation of ICESCR, has also applied several of its provisions in the specific context of indigenous peoples, including the right to [**adequate housing**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx); the right to [**food**](http://daccessdds.un.org/doc/UNDOC/GEN/G99/420/12/PDF/G9942012.pdf?OpenElement); the right to [**education**](http://daccessdds.un.org/doc/UNDOC/GEN/G99/422/76/PDF/G9942276.pdf?OpenElement); the right to [**health**](http://daccessdds.un.org/doc/UNDOC/GEN/G00/439/34/PDF/G0043934.pdf?OpenElement), the right to [**water**](http://daccessdds.un.org/doc/UNDOC/GEN/G00/439/34/PDF/G0043934.pdf?OpenElement), and [**intellectual property**](https://undocs.org/E/C.12/GC/17) rights. The original text **does not mention "Indigenous" or "Minorities**". **It also mentions self-determination**. And it refers to "racial, ethnic or religious groups". The [**Convention on the Elimination of All Forms of Racial Discrimination**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx), adopted by the General Assembly on 21 December 1965. **The term \"racial discrimination\" shall mean [any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin].** The Committee on the Elimination of Racial Discrimination (CERD), responsible for the supervision of the Convention, has paid increased attention on the situation of the human rights of indigenous peoples through its different procedures. See [**General observation No. 23 (Indigenous Peoples)**](http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT/CERD/GEC/7495&Lang=en). **[First real hr treaty and first established hr treaty body.]** **The original Convention text does not mention the terms "indigenous" or "self-determination". It does, however, refer to "racial" or "ethnical groups". Does not mention minorities.** The [**Convention on the Elimination of all Forms of Discrimination against Women**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx), adopted by the General Assembly on 18 December 1979. The Committee on the Elimination of Discrimination against Women (CEDAW) has paid a special attention to the situation of indigenous women as particularly vulnerable and disadvantaged groups. See, e.g., [**General Recommendation No. 24 (Women and health)**](https://undocs.org/A/54/38/REV.%201(SUPP)). In the resolution establishing the mandate, the Human Rights Council has requested the Special Rapporteur to pay a special attention to the situation of indigenous women, and to take into account a human rights perspective in the performance of his/her mandate. **[CEDAW recommendation 39:]** On October 26, **2022**, the **Committee on the Elimination of Discrimination against Women**  (CEDAW) published general recommendation 39. Discrimination against indigenous women and girls must be understood taking into consideration the multifaceted nature of their identity. As indigenous women and girls, **they face discrimination and gender-based violence frequently committed by state and non-state actors.** **The original Convention text does not mention the terms "indigenous", but mentions "self-determination" once. Does not mention minorities.** The [**Convention on the Rights of the Child,**](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx) adopted by the General Assembly on 20 November 1989. [Article 30] of the Convention **explicitly refers to the rights of indigenous children. The convention also refers to minorities.** **The convention does not mention self-determination.** The [**Convention on the Biological Diversity**](http://www.cbd.int/convention/convention.shtml), adopted in Rio de Janeiro on 5 June 1992. Article 8(j) of the Convention affirms the rights of "**indigenous** and local communities" over their "knowledge, innovations and practices...embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity". The [**Escazu Agreement**](https://repositorio.cepal.org/bitstream/handle/11362/43583/1/S1800428_en.pdf) is **a regional agreement on access to information, public participation and justice [in environmental matters] in [Latin America and the Caribbean]**. It opened for signature in September 2018 at the UN headquarters and requests States to provide assistance to indigenous peoples in preparing their requests for environmental information and obtaining a response.  **[UNFCC and Indigenous matters]** - International Indigenous Peoples Forum on Climate Change - Local Communities and Indigenous Peoples Platform: ( LC I P P ) whic[h fa c i l it at e s t h e p art i c i p at i o n of I n d i g e n o u s P e o p l e s a n d r e c o g n i z e s t h e v a l u e of t h e ir tr a d it i o n a l c u lt ur e a n d k n o w l e d g e.] T h e P l atf orm w a s a d o pt e d at **C O P 24 i n 20 18.** [**The  United  Nations Indigenous  Peoples'  Partnership  (UNIPP**), in 2011,]  is  a  commitment  to  the  UN  Declaration  on  the  Rights of Indigenous Peoples, in particular **Article 41**, which calls upon the organs and specialized agencies of the  United Nations system  "...[to contribute to the full realization of the provisions of this Declaration through the mobilizati]on, inter alia, of financial cooperation and technical assistance." [strengthen their collaborative framework] and partnership for the promotion and implementation of indigenous peoples' rights through joint country programmes..." [As an initiative between the International Labour Organization (ILO), Office of the High Commissioner forHuman  Rights (OHCHR), UN Development Program (UNDP), and UN Children's Fund (UNICEF) (hereinafter referred to  as "Participating UN Organizations"), ] **[CERD]** **[1 76 St at e p art i e s.]** C E R D i s c om p o s e d of [18 i n d e p e n d e nt e x p ert s] w h o ar e p er s o n s of h i g h m or a l st a n d i n g a n d ar e im p art i a l. M em b er s ar e e l e ct e d f or a t erm of f o ur y e ar s b y St at e s p art i e s. T h e C omm itt e e m e et s i n G e n e v a a n d n orm a l l y h o l d s t hr e e s e s s i o n s p er y e ar c o n s i st i n g of t hr e e -f o ur -t hr e e w e e k s p er y e ar **A n y o n e c a n l o d g e a c om p l a i nt w it h a C omm itt e e a g a i n st a St at e :** **T h at i s p art y t o t h e tr e at y i n q u e st i o n (t hr o u g h r at if i c at i o n or a c c e s s i o n )** pr o v i d i n g f or t h e r i g ht s w h i c h h a v e a l l e g e d l y b e e n v i o l at e d ; T h **at a c c e pt e d t h e C omm itt e e ' s c om p et e n c e t o e x am i n e i n d i v i d u a l c om p l a i nt** [**b y m a k i n g a d e c l ar at i o n t o t h at eff e ct u n d er a s p e c if i c art i c l e of t h e C o n v e nt i o n**.] [**Seven** **Indigenous Sociocultural Regions:**] Africa; Asia; the Arctic; Central and Eastern Europe, the Russian Federation, Central Asia and Transcaucasia; Central and South America and the Caribbean; North America; and the Pacific. **[Other treaties referring to indigenous rights/self-determination. ]** - UN Declaration on the Rights of Indigenous Peoples (*not binding/not a treaty)* - Convention on the Rights of the Child - The International Labour Organization (ILO) Convention on Indigenous and Tribal Peoples, 1989 (No. 169) - Convention on Biological Diversity (CBD) Convention on the Elimination of All Forms of Racial Discrimination (ICERD): ICERD does [not explicitly mention indigenous peoples], but its [provisions apply to them], particularly in addressing racial discrimination, which many indigenous communities face. - The International Covenant on Civil and Political Rights (ICCPR) - (Article 1) recognises the [right of **all** peoples to self-determination] - International Covenant on Economic, Social and Cultural Rights (ICESCR) (Article 1) - Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) - UN Declaration on the Rights of Indigenous Peoples (Articles 3 and 4) - UN Charter - Other: Friendly nations, African charter...etc.. - [The International Covenant on Civil and Political Rights (ICCPR)](https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx) (Art. 27) - Convention on the Rights of the Child (Art. 30) - United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (*not binding/not a treaty*) Several other treaties indirectly refer to minorities: International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Racial Discrimination (ICERD). **[Indigenous fellowship program]** The Indigenous Fellowship Programme (IFP) is a comprehensive human rights training programme that was [established by the Office of the High Commissioner for Human Rights (OHCHR) in the context of the first International Decade of the World\'s Indigenous Peoples (1995-2004]). The programme contributes to building the capacity and expertise of Indigenous representatives on the UN system and mechanisms dealing with human rights in general and Indigenous issues in particular. The selected candidates are entitled to a **return** **flight ticket, living expenses and basic health insurance for the duration of the training**. The **IFP is held annually and Fellows from all 5 language components (English, Spanish, French, Russian and Portuguese..)** of the programme are trained together with simultaneous interpretation for a period of [4 to 5 weeks in Geneva].  The selection of fellows reflects a [gender and regional balance, as well as a balance between communities represented.] The general human rights situation in the respective regions/countries is also taken into consideration. [A pre-selection of 15 to 20 candidates per language group is made by previous indigenous fellows]. also carried out in collaboration with [partner universities].  The final selection of successful candidates is reviewed by an [advisory group composed of OHCHR staff].