Implementing Decisions of the World Conference on Indigenous Peoples

By Jana L. Walker, Christopher Foley, and Karla General, Attorneys, Indian Law Resource Center

 

Implementing Decisions of the World Conference on Indigenous Peoples

At the 2014 World Conference on Indigenous Peoples, indigenous nations and indigenous women’s and tribal organizations secured commitments from the UN and its member states to implement the UN Declaration on the Rights of Indigenous Peoples. Work continues to realize these important commitments set out in the World Conference Outcome Document, including but not limited to decisions to intensify efforts to address violence against indigenous women, to create new rules for indigenous governments to participate in UN processes, and to strengthen the Expert Mechanism on the Rights of Indigenous Peoples.

United Nations comes up short in creating a new status for indigenous governments

On September 8, 2017, the United Nations General Assembly adopted a resolution regarding the participation of indigenous peoples’ representatives and institutions at the UN. The resolution is a result of commitments made at the 2014 World Conference on Indigenous Peoples, where member states decided to consider ways to enable indigenous participation at the UN.

Yet, the victory is only partial. After many rounds of consultations among indigenous peoples and member states, and months of states-only negotiations this summer, states were not able to reach agreement on the technical details of how to create a new status for indigenous governments. Instead, the resolution decided to delay substantive action until the General Assembly’s 75th session (2020-2021). In the interim, a calendar of regional consultations and interactive hearings among UN representatives, indigenous peoples, and member states has been established for the next several years.

The results of those discussions will contribute to the development of a report by the Secretary-General with concrete recommendations for action by the General Assembly.

The lack of substantive action at this stage is disappointing, but the importance of indigenous participation in the upcoming consultations cannot be overstressed. Consider contributing your voice to secure a fruitful outcome in the future that will enable indigenous governments to at last participate fully, directly, and permanently at the UN. For more information, see https://goo.gl/En2Tbf

Revamped Expert Mechanism on the Rights of Indigenous Peoples holds its tenth session

The UN Expert Mechanism (EMRIP) met for its 10th session, July 10-14, 2017, in Geneva. EMRIP is an advisory body to

“EMRIP can do a lot of good—but we will only get results if we push. It is very easy for UN experts to write technical reports; it takes much more courage to speak out.”—Chris Foley, ILRC, Staff Attorney

the UN Human Rights Council. The Outcome Document of the 2014 World Conference on Indigenous Peoples called for strengthening EMRIP and, in response, in 2016 the Council rewrote its mandate to give it more autonomy and authority to serve as an effective implementing and monitoring body for the UN Declaration on the Rights of Indigenous Peoples. EMRIP now provides indigenous peoples with a direct path to the Council they did not have before, and provides a significant new advocacy site to speak out about the many grave human rights matters our nations face.

The Center’s work at this year’s session was focused on building awareness among the members of EMRIP and UN member states, and perhaps most importantly, among indigenous peoples and advocates, about the scope of the EMRIP’s improved mandate and the important role it can play in addressing serious human rights issues in an accelerated response.

“Indigenous peoples will need to demand that EMRIP make the most of the powers it now has. The new mandate is the result of lots of hard work, but what we have won is really just an opportunity,” said Center attorney Chris Foley.

The new mandate of the Expert Mechanism is available at: https://goo.gl/vhNk4z.

Additional details about the Center’s work at this year’s session of the Expert Mechanism is available at: http://indianlaw.org/implementing-undrip/EMRIP10.

 

Looking Ahead

Human Rights Council

On September 11-29, 2017, the Human Rights Council’s 36th session will take place in Geneva. The Council will hold a

CSW61, New York City, March 15, 2017—The Alaska Native Women’s Resource Center, the Indian Law Resource Center, the International Mayan League/ USA, the Minnesota Indian Women’s Sexual Assault Coalition, and the National Indigenous Women’s Resource Center (NIWRC) hosted the CSW61 side event Ending Violence Against Indigenous Women as a Step Towards Empowerment.

half-day discussion on the 10th anniversary of the UN Declaration on the Rights of Indigenous Peoples with a focus on challenges and good practices in achieving the ends of the Declaration. Additionally, the Council will conduct a panel discussion on the impact of multiple and intersecting forms of discrimination and violence in the context of racism on the full enjoyment of all human rights by women and girls as well as its annual discussion on the integration of a gender perspective. The Council also will consider the reports of the Special Rapporteur on the rights of indigenous peoples, the Expert Mechanism on the Rights of Indigenous Peoples, and the Special Rapporteur on the human right to safe drinking water, which are expected to include discussion and recommendation of issues facing tribes in the United States.

Inter-American Commission on Human Rights

The Commission will hold its 165th session in Montevideo on October 23-27, 2017 with hearings and working meetings on matters involving member states of the Organization of American States except Canada and the United States. Hearings on matters involving Canada and the United States are expected to be held in December during an Extraordinary Period of Sessions.

UN Permanent Forum on Indigenous Issues

The Permanent Forum, an advisory body to the UN Economic and Social Council will hold its 17th session at UN headquarters in New York City on April 24 - May 5, 2017. The Permanent Forum’s theme will be “Indigenous peoples’ collective rights to lands, territories, and resources.” The Permanent Forum also will address follow-up to the outcome document of the World Conference on Indigenous Peoples, including but not limited to enhancing participation of indigenous peoples at the United Nations.

Commission on the Status of Women (CSW)

During its 62nd session, the Commission’s priority theme will be “challenges and opportunities in achieving gender equality and the empowerment of rural women and girls,” and the review theme will include “participation in and access of women to the media, and information and communications technologies and their impact on and use as an instrument for the advancement and empowerment of women.” The session will be held at UN headquarters in New York City on March 13-24, 2017. As in the past, CSW sessions (2014, 2016, and 2017) the Center and partnering tribal organizations will attend CSW and raise issues of concern and recommendations regarding the empowerment of rural women and girls in the context of American Indian tribes and Alaska Native villages.