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Coordination on indigenous issues within the UN system:
In 2001, the UN Permanent Forum on Indigenous Issues UNPFII was established,
comprised of eight government and eight indigenous representatives. The UNPFII
meets every year, and thousands of indigenous representatives from all over the
world use the opportunity to present and discuss their issues and experiences. With
the establishment of the Permanent Forum, indigenous peoples have gained an important
platform within the UN from which they aspire to ensure that indigenous issues are taken
into consideration in all activities of the UN- System.
The mandate of the UNPFII is to provide expert advice and recommendations to the
UN Economic and Social Council ECOSOC and the UN system in general on issues of
importance for indigenous peoples. These recommendations can address almost every
aspect of indigenous peoples’ lives – namely economic and social development, culture,
the environment, education, health and human rights. Furthermore, the Forum shall
raise awareness and promote the integration and coordination of activities related to
indigenous issues within the UN system and prepare and disseminate information.
In parallel, more than 30 UN agencies, funds and programmes have established
the Inter-Agency Support Group IASG. The aim of the IASG is to support the
UNPFII and in general coordinate among its members to better promote indigenous
peoples’ rights throughout the UN system. This is in accordance with Article 42 of the
UN Declaration on the Rights of Indigenous Peoples, which stipulates that:
The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and
specialized agencies, including at the country level, and States shall promote respect for
and full application of the provisions of this Declaration and follow up the effectiveness of
this Declaration.
See more at: www.un.orgesasocdevunpii
3.2. fUNDAmENTAL RIGHTS
Fundamental rights are inalienable and inherent human rights that every human being has from birth,
regardless of race, ethnicity, gender, religion, class as well as indigenous origin and identity. Indigenous
peoples are entitled to enjoy all human rights and fundamental freedoms, as does everyone else. Such
basic rights include the right to liberty and equality, as well as rights to citizenship, to health, education,
etc. These fundamental rights apply equally to men and women.
It may seem needless or redundant to state that indigenous peoples should enjoy such fundamental
rights but, unfortunately, their histories are often marked by genocide, ethnocide, discrimination,
forced labour – and, in many cases, violations of their fundamental rights still continue. Current
violations of fundamental rights can, for example, take the form of denial of citizenship, bonded
labour and human traficking or restricted access to education and health services. Often, women are
more affected by such violations than men.
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ILO Convention No. 169: Article 3
1.
Indigenous and tribal peoples shall enjoy the full measure of human rights and
fundamental freedoms without hindrance or discrimination. The provisions of the
Convention shall be applied without discrimination to male and female
members of these peoples. 2.
No form of force or coercion shall be used in violation of the human rights and
fundamental freedoms of the peoples concerned, including
the rights contained in this Convention. Article 4 3
Enjoyment of the general rights of citizenship, without discrimination, shall not be prejudiced
in any way by such special measures.
The ILO Declaration on Fundamental Principles and Rights at Work sets out four categories of
fundamental principles and rights at work, namely:
a freedom of association and the effective recognition of the right to collective
bargaining; b the elimination of all forms of forced or
compulsory labour; c the effective abolition of child labour;
d the elimination of discrimination in respect of employment and occupation.
It also “declares that all Members, even if they have not ratiied the Conventions in question, have an
obligation arising from the very fact of membership of the ILO to respect, to promote and to realize, in
good faith and in accordance with the Constitution, the principles concerning the fundamental rights
which are the subject of those Conventions”. ILO Convention No. 169, in Articles 202 reinforces
these fundamental rights see also section 12: Article 202
Governments shall do everything possible to prevent any discrimination between workers
belonging to the peoples concerned and other workers […]
Article 203 The measures taken shall include measures
to ensure: […] d that workers belonging to these peoples enjoy equal opportunities
and equal treatment in employment for men and women, and protection from sexual
harassment.
The UN Declaration on the Rights of Indigenous Peoples also has a strong focus on indigenous
peoples’ right to enjoy human rights and fundamental freedoms, including in the following
articles:
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. Article 2
Indigenous peoples and individuals are free and equal to all other peoples and individuals
and have the right to be free from any kind of discrimination, in the exercise of their rights, in
particular that based on their indigenous origin or identity.
Article 6 Every indigenous individual has the right to a
nationality. Article 7
1.
Indigenous individuals have the rights to life, physical and mental integrity, liberty and
security of person. 2.
Indigenous peoples have the collective right to live in freedom, peace and security as
distinct peoples and shall not be subjected to any act of genocide or any other act of
violence, including forcibly removing children of the group to another group.
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Speciic mechanisms on indigenous peoples within the UN Human Rights
Council. Within the United Nations, the Human
Rights Council deals with human rights and fundamental freedoms for all. The task of the
Council is to promote universal respect for the protection of human rights and to address
situations of violations of human rights, including gross and systematic violations, and
make recommendations thereon. The Human Rights Council HRC was established in 2006
and consists of 47 UN Member-States. A number of UN processes dealing speciically
with indigenous peoples fall under the HRC. Among these are the Special Rapporteur on
the situation of human rights and fundamental freedoms of indigenous people and the Expert
Mechanism on the Rights of Indigenous Peoples EMRIP.
The EMRIP was established in December 2007, in order to provide the HRC with
studies and research-based advice on the best means to develop and mainstream
international standards that promote and protect the human rights of indigenous
peoples. The Experts will point out measures to ensure implementation of the rights of
indigenous peoples, among other things by reviewing and evaluating best practices and
obstacles for the promotion and protection of indigenous peoples’ rights. EMRIP reports
annually to the Human Rights Council on its work.
The UN Special Rapporteur has a mandate to, among others:
Examine ways and means of overcoming •
existing obstacles to the full and effective protection of the human rights and
fundamental freedoms of indigenous peoples;
Gather, request, receive and exchange
• information and communications from all
relevant sources on alleged violations of indigenous peoples´ human rights and
fundamental freedoms; Formulate recommendations and
• proposals on appropriate measures and
activities to prevent and remedy violations of the human rights and fundamental
freedoms of indigenous people. In the fulillment of his mandate, the
• Special Rapporteur:
Presents annual reports on particular •
topics or situations of special importance regarding the promotion and protection of
the rights of indigenous peoples; Undertakes country visits;
• Exchanges information with Governments
• concerning alleged violations of the rights
of indigenous peoples; Undertakes activities to follow-up on the
• recommendations included in his reports.
See more information at: http:www.ohchr.org
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3.3. SPECIAL mEASURES
