UN Expert Mechanism on Indigenous Peoples' Rights: Briefing for CEDAW

1. Office of the United Nations High Commissioner for Human Rights Expert Mechanism on the Rights of Indigenous PeoplesBriefing for CEDAW, 5 October 2012

2. Outline Background to the Expert Mechanism Mandate of the Expert Mechanism: HRC Resolution 6/36 Composition of the Expert Mechanism Sessions of the Expert Mechanism Expert Mechanism Study on Education Expert Mechanism Study on Participation Expert Mechanism Study on Cultures and Languages Upcoming work on indigenous peoples’ access to justice Where to find further information

3. Background to the Expert Mechanism on the Rights of Indigenous Peoples • Working Group on Indigenous Populations (1982 – 2006) • Under the Sub-Commission on the Promotion and Protection of Human Rights • Working Group on the Draft Declaration on the Rights of Indigenous Peoples (1995 – 2006) • Permanent Forum on Indigenous Issues (2000) • Special Rapporteur on the Rights of Indigenous Peoples (2001) • Human Rights Council adopted the Declaration in June 2006 • Adoption of the Declaration on the Rights of Indigenous Peoples in the General Assembly (Sept 2007) • Human Rights Council established the Expert Mechanism on the Rights of Indigenous Peoples (December 2007)

4. MandateResolution 6/36 1. Decides, in order to assist the Human Rights Council in the implementation of its mandate, to establish a subsidiaryexpertmechanism to provide the Council withthematicexpertiseon the rights of indigenouspeoples in the manner and formrequestedby the Council: • Assistance for the implementation of the Council’s mandate • Advisory function • Human Rights Council requests manner and form

5. Mandate • (a) The thematic expertise will focus mainly on studies and research-based advice; • (b) The mechanism may suggest proposals to the Council for its consideration and approval, within the scope of its work as set out by the Council; • Expertise mainly through studies and research-based advice • Proposals – but must seek the approval of the Human Rights Council • Human Rights Council requests: • Education (2008): Res 9/7 • Right to participate in decisionmaking (2009 – 2010): Res 12/13 • Cultures and languages (2011): Res 18/8 • Access to justice (2012): Res 21/24

6. Reporting to the Council 2. Also decides that this mechanism shall report annually to the Council on its work; • Formal presentation each year (September session) • Interactive dialogue (18th session), available live on the Human Rights Council’s webcast (http://www.un.org/webcast/unhrc/) • Reports at the same time as the Special Rapporteur on the rights of indigenous peoples

7. Composition Human Rights Council Resolution 6/36 (2007) • 3. Further decides that the expertmechanismshallconsist of fiveindependentexperts • 4. Stronglyrecommendsthat, in the selection and appointmentprocess, the Council givedueregard to experts of indigenousorigin; • 6. Also decides that the members of the expertmechanismshallservefor a three-yearperiod and may be re-electedforoneadditionalperiod; 2012 - 2015 Anastasia Chukhman (Russian Fed): 2013 JannieLasimbang (Malaysia): 2014 Wilton Littlechild (Canada): 2014 José Carlos Morales Morales (Costa Rica): 2013 Danfred Titus (South Africa): 2015

8. Coordination 5. Decides, in order for the expert mechanism to enhance cooperation and avoid duplicating the work of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Permanent Forum, that it shall invite the Special Rapporteur and a member of the Permanent Forum to attend and contribute to its annual meeting; • Close coordination between indigenous mandates and respective secretariats • Cooperation includes: • attendance at respective sessions (eg EM and SR at the PFII and vice versa) • Annual coordination meetings • Declaration on the Rights of Indigenous Peoples is a common framework, under article 42 of the Declaration

9. Distinctions between the Indigenous Mandates • Expert Mechanism • Thematicadvice to the Human Rights Council • Special Rapporteur on the rights of indigenous peoples • Examines obstacles to the protection of indigenous peoples’ rights, gathers information and communications, formulatesrecommendations and workswithother mandates such as the Expert Mechanism • Conducts country visits, responds to communications and undertakesthematicstudies • Permanent Forum on Indigenous Issues • Advises the Economicand Social Council, raisesawareness and promotesintegration and coordination of activities on indigenous issues within the UN system and prepares and disseminates information on indigenous issues

10. Annual sessions The ExpertMechanismmeetsannually • in Geneva • usually in July • for 5 days Indigenouspeoples, states, non-stateactors, academia, national human rightsinstitutions and othersattend

11. Participation in theExpertMechanism

12. Expert Mechanism studies • Based on: • Research undertaken by experts, including an analysis of relevant jurisprudence from the UN human rights treaty bodies • Submissions during sessions of the Expert Mechanism and calls for contributions from states, indigenous peoples etc • Expert seminars • Contributions from: • States • Indigenous peoples – individuals and representatives of indigenous peoples • Academic institutions • National human rights institutions • Non-state actors

13. Education Study • Education is an important means for the enjoyment, maintenance and respect of indigenous cultures, languages, traditions and traditional knowledge • Education is an indispensible means of realising indigenous peoples’ right to self-determination • Indigenous education includes: • Traditional education or ways of learning and institutions • Integration of indigenous perspectives and language in mainstream education systems and institutions • Indigenous peoples have the right to establish and control their education systems and institutions

14. Advice on the Rights of Indigenous Peoples to Education The right of indigenous peoples to educationincludes the right to provide and receiveeducationthroughtheirtraditionalmethods of teaching and learning, and the right to integratetheirown perspectives, cultures, beliefs, values and languages in mainstreameducationsystems and institutions Indigenouspeoples shouldberegarded as havingprepaidpresent and future financial allocations from the State, including allocations to education, by sharing their lands, territories and resourceswithothers

15. CEDAW on education and indigenous women • Problemscited: Illiteracy, school drop-out rates, access to education, poorqualityeducation • Concluding observations: • Awareness-raising for all (including men) on indigenous women’s rights especially amongst indigenous communities • Combat stereotypes of typicalrole of women • Extend bilingual education to all indigenous communities including formal and informal education to all women • Give special attention to sex education for indigenous women as part of regular education curriculum • Increase access to vocational training • Establish family planning programmes

16. Participation Study The principle of participation in decisionmaking has a clearrelationshipwith the right of indigenous peoples to self-determination, including the right to autonomy or self-government, and the State obligation to consult indigenous peoples in mattersthatmay affect them, based on the principle of free, prior and informed consent. Self-determinationmeansthat the institutions of decisionmakingshouldbedevised to enableindigenous peoples to makedecisionsrelated to theirinternal and local affairs, and to participatecollectively in externaldecision-makingprocesses in accordance with relevant humanrightsstandards

17. Advice No 2 on Participation in Decision Making Indigenous peoples have the right to develop and maintain their own decision making institutions and authority parallel to their right to participate in external decision making processes that affect them The duty to consult applies whenever a measure or decision specifically affecting indigenous peoples is being considered (for example, affecting their lands or livelihood) The duty also applies in situations where the State considers decisions or measures that potentially affect the wider society, but which affect indigenous peoples, and in particular in instances where decisions have a disproportionately significant effect on indigenous peoples

18. Advice No 2 on Participation in Decision Making Consent required in matters of fundamental importance for indigenous peoples’ rights, survival, dignity and well-being In assessing whether a matter is of importance to the indigenous peoples concerned, relevant factors include the perspective and priorities of the indigenous peoples concerned, the nature of the matter or proposed activity and its potential impact on the indigenous peoples concerned, taking into account, inter alia, the cumulative effects of previous encroachments or activities and the historical inequities faced by the indigenous peoples concerned

19. CEDAW on indigenous women’s participation Problems: lack of indigenous women’s participation in decision-making processes in public, political and private sectors and under-representation in leadership Concluding observations: Ensure funding so can participate in governance processes Recognise indigenous women as not only beneficiaries but agents of change in development process Special attention needed to ensure indigenous women participate in decision-making processes

20. CEDAW on indigenous women’s participation Implement quotas, targets, benchmarks, numerical goals and timetables as special measures Provide training programmes for indigenous women to strengthen roles in leadership, negotiation and decision-making positions in society – monitor progress and results regularly Awareness-raising campaigns about importance of inclusion of indigenous women in decision making

21. Languages and cultures study Indigenous women central to the transmission of indigenous peoples’ languages and cultural knowledge Concern about laws that discriminate against indigenous women, and the impacts they can have on indigenous languages and cultures Under indigenous cultures, often gendered roles for men and women. Often these roles are equal. Where not, must ensure non-discrimination against indigenous women consistent with article 22 of the Declaration (against discrimination and violence against indigenous women) Prioritise the perspective of indigenous women when allegations of discrimination against them under indigenous customs

22. CEDAW: indigenous women and cultures and languages • Recommendations: • Culturally-specific programmes for indigenous women • Collect disaggregated data by sex, age, race and ethnicity • Translate CEDAW into indigenous languages coupled with awareness-raising of indigenous peoples’ rights • Bilingual education for indigenous women • Combat stereotyping of indigenous women • Implementation of laws to ban discrimination • Strengthen initiatives that encourage women’s economic empowerment, taking into account different situations of different groups and establish mechanisms to monitor impact of social and economic policies on women

23. CEDAW: indigenous women and cultures and languages Make CEDAW provisions available in all the different indigenous languages and disseminate Awareness-raising campaigns on indigenous women’s rights Combat stereotypes of typical role of women Programmes aimed at aboriginal women should be monitored for possible discriminatory effects Bilingual education for all indigenous communities to improve access to social and economic opportunities

24. Expert Mechanism report on indigenous peoples’ participation in extractive industries (2012) notes the impact that extractives can have on indigenouswomenwhenoperate on or neartheirterritories (egs of sexualassault, prostitution etc) indigenouswomen must participate in the development of solutions to theseproblems

25. HRC 21st session (Sept 2012) • Resolution 21/24: • «stresses the need to pay particular attention to the rights and special needs of indigenous women and girls, as set out in the Declaration on the Rights of Indigenous Peoples, including in the process of protecting and promoting indigenous peoples’ languages and cultures» • Special Rapporteur on the rights of indigenous peoples: 2012 report focuses on indigenous women

26. Indigenous peoples’ access to justice • Expert Mechanism 5th session: • «proposes that the HRC request the Expert Mechanism to prepare a study on indigenous peoples and access to justice given the gravity of the issues facing indigenous peoples, including discrimination against indigenous peoples in criminal justice systems, particularly for indigenous women and youth. Overrepresentation of indigenous peoples in incarceration is a global concern. Good practices, particularly those associated with traditional justice systems, would be examined.» • HRC Resolution 21/24: study on access to justice in the promotion and protection of the rights of indigenous peoples • Panel on access to justice: indigenous women a focus

27. CEDAW on indigenous women’s access to justice • Problems: • sexual and domestic violence unpunished • discriminatory legal provisions e.g. matrimonial property rights, status and band membership • prohibition on all forms of discrimination against women not adopted in domestic laws • lack of awareness of rights amongst indigenous women • lack of access to legal abortions

28. CEDAW on indigenous women’s access to justice Ensure women’s equal access to land/individual rights to inherit and own land Bring perpetrators of violence against women to justice Enforce existing legislation on right to abortion and access to treatment for complications that arise from unsafe procedures Raise awareness that sexual abuse is a prosecutable and grave crime Provide access to redress, protection, support and legal aid - free legal services for indigenous women, monitor quality and impact to ensure access to justice

29. «Added Value» of Expert Mechanism studies in CEDAW work • Consistent messages from across the UN system, thus illustrating coordination (responding to issues associated with fragmentation) • Expert Mechanism’s Advice: • is based on significant research, often collating the jurisprudence from all relevant human rights bodies, including from the regional human rights systems • is the subject of deliberations between states, indigenous peoples, civil society, national human rights institutions and academics, especially during its annual sessions

30. Questions? How might the Expert Mechanism assist the CEDAW in its work?

31. More information • Expert Mechanismwebsite • http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx • OHCHR on indigenous peoples website • http://www2.ohchr.org/english/issues/indigenous/index.htm