Note on the outcome of the Sub-regional consultation on “The operationalization of the UN Declaration on the Rights of Indigenous Peoples by National Human rights Institutions”
Auckland, New Zealand, 1 – 3 December 2010
Background
There is an increasing awareness within the international community on the key role that national human rights institutions can play to advance the rights of indigenous peoples at the national and regional level. During its third session held from 12 to 16 July 2010, the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) reiterated the important role of national human rights institutions in protecting and promoting the rights of indigenous peoples and in implementing the UN Declaration on the Rights of Indigenous Peoples. It further encouraged national human rights institutions to take into consideration the results of the international meeting on the role of national human rights institutions in promoting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples, organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Bangkok from 16 – 17 December 2009, in order to strengthen their activities to promote and protect the rights of indigenous peoples, including monitoring compliance with standards contained in treaties and the United Nations Declaration on the Rights of Indigenous Peoples; contributing to the thematic studies of the Expert Mechanism on the Rights of Indigenous Peoples; and conducting training relevant to various stakeholders.
Drawing on the results of the Bangkok meeting, the International Coordinating Committee of National Human Rights Institutions (ICC) made a statement at the 15th session of the Human Rights Council held from 13 September to 1 October 2010 calling on the Council to consider the strategies identified at the Bangkok meeting and endorsed by the Expert Mechanism on the Rights of Indigenous Peoples and to support OHCHR’s efforts in building the capacity of NHRIs in the area of indigenous peoples’ rights.
Subsequently, the Human Rights Council in its resolution 15/7 welcomed the role of national human rights institutions established in accordance with the Paris Principles in advancing indigenous issues, and encouraged national human rights institutions to develop and strengthen their capacities to fulfil that role effectively, including with the support of the Office of the High Commissioner for Human Rights.
Objectives of the meeting
As a follow-up, OHCHR organized a sub-regional consultation on “The operationalization of the UN Declaration on the Rights of Indigenous Peoples by national human rights institutions” with the view to sharing knowledge and experiences and helping develop practical guidelines for national human rights institutions to assist governments and communities to advance indigenous rights (see programme of work in annex 1). The consultation was hosted by the New Zealand Human Rights Commission and took place in Auckland from 1 to 3 December 2010. It brought together indigenous leaders, international experts and representatives of national human rights institutions from 15 countries of the Asia Pacific region in Auckland (see list of participants in annex 2).
Welcome speeches were given by Rosslyn Noonan, Chief Commissioner at the New Zealand Human Rights Commission; Honourable Tariana Turia, co-leader of the Maori Party, Minister for Disability Issues and Associate Minister for Health and Associate Minister for Social Development; and Mr. Antti Korkeakivi, Chief of the Indigenous Peoples and Minorities Section at the Office of the High Commissioner for Human Rights. Commissioner Karen Johansen from the New Zealand Human Rights Commission was elected Chairperson of the meeting.
Summary of discussions
The meeting offered the opportunity for national human rights institutions (NHRIs) and indigenous representatives to share country-level experiences and explore some of the ongoing challenges facing indigenous peoples in the countries covered by the meeting, including Bangladesh, Papua New Guinea, Fiji, Indonesia, Nepal, the Philippines, Malaysia, Thailand, Japan, Solomon Islands, New Caledonia, Australia and New Zealand.
The sub-regional consultation represented an important starting point to help with the collection of information on the current activities, policies and practices of NHRIs relating to the promotion and protection of the rights of indigenous peoples. In particular, the meeting sought to address the following questions: How NHRIs have organized their internal structure, staff/composition and working methods to ensure that they address the rights of indigenous peoples? How are NHRIs advancing the rights of indigenous peoples in specific thematic fields, such as education and land rights etc? How are NHRIs engaging with representatives of indigenous peoples? How are NHRIs engaging with regional and UN mechanisms, such as UPR, treaty bodies, the Expert Mechanism and the Permanent Forum? How are NHRIs attempting to address the rights of indigenous peoples in countries where the concept and related international standards are not fully endorsed/recognized by the authorities?
A number of examples of good practices were highlighted. For example, a Committee on Indigenous Peoples was recently established within the Human Rights Commission of Malaysia which is planning to hold a national inquiry on land rights of indigenous peoples. In Nepal, the Human Rights Commission has conducted a series of workshops on social inclusion and empowerment of disadvantaged groups including indigenous peoples. The Australian Human Rights Commission produced a Community Guide to the UN Declaration on the Rights of Indigenous Peoples to assist Aboriginal and Torres Strait Islander people to learn about the Declaration and understand how to make use of it. The UN Declaration on the Rights of Indigenous Peoples is also guiding the work of the New Zealand Human Rights Commission on indigenous issues. The Commission for instance reviewed the status of human rights and the Treaty of Waitangi to promote a better understanding of the human rights dimensions of the Treaty and their relationship with domestic and international human rights law, including the UN Declaration on the Rights of Indigenous Peoples. The New Zealand Commission has also partnered with the Philippines Human Rights Commission on a 3 year community development project involving several indigenous communities in the Philippines as well as civil society actors, local government and government agencies. The project used a human rights community development approach to ensure the full participation of the indigenous communities concerned and enable them to address self-identified issues.
Examples of engagements of indigenous organizations with national human rights institutions were also noted. The National Alliance of Indigenous Peoples in Indonesia concluded a partnership agreement with the Indonesian national institution to address human rights issues of indigenous peoples. Promising initiatives were also noted in Thailand. Challenges still remain in Bangladesh -where a national commission was recently established- while the absence of national human rights institutions in many countries of the Pacific, including Japan, Papua New Guinea, Solomon Islands, Fiji and New Caledonia was seen as a critical obstacle to the advancement of the human rights of indigenous peoples. The role of the Asia Pacific Forum to encourage the establishment of new national human rights institutions, to help build the capacity of existing NHRIs in the region through training and technical support, and encourage cooperation amongst institutions was highlighted.
The importance for national human rights institutions to engage with regional and international human rights mechanisms was also addressed. National human rights institutions were invited to contribute further to the studies prepared by the Expert Mechanisms on the Rights of Indigenous Peoples and also to participate in the work of the Permanent Forum on Indigenous Issues. The issue of consultation of indigenous peoples during the drafting process of the reports prepared by national institutions in the framework on the Universal Periodic Review and to the human rights treaty bodies was also raised. It was also noted that efforts should be made by national institutions towards recognition of indigenous issues in the work of the ASEAN Intergovernmental Commission on Human Rights.
Operational Guide on the UN Declaration on the Rights of Indigenous Peoples
Participants contributed to ideas and suggestions for the development of a practical guide which will be developed jointly by the Asia Pacific Forum (APF) and the OHCHR to equip NHRIs with a greater understanding of the UN Declaration on the Rights of Indigenous Peoples and how they can most effectively use their mandate to promote and protect the rights of the indigenous peoples.
The purpose of developing an operational guide on the rights of indigenous peoples is to increase NHRI engagement with the UN Declaration to promote dialogue and understanding of indigenous peoples’ rights. Indeed, it was noted that there is a strong interest from NHRIs but limited knowledge by some about the Declaration. This project also meets the outcomes of both the Bangkok meeting organized by OHCHR and of the 14th Annual meeting of the APF.
Conclusions
The APF and OHCHR welcomed suggestions, input and feedback that both NHRIs and indigenous peoples’ organizations may have to help inform the development of operational guide. The drafting process of the guide will benefit from the expertise of such APF member institution as the Human Rights Commission of Australia which has undertaken an extensive work focusing on the UN Declaration on the Rights of Indigenous Peoples. The OHCHR informed that it will ensure consultation with and dissemination of the draft guide to NHRIs external to the Asia Pacific region.
The Tamaki Makaurau statement
The participating experts adopted the following statement at the closing meeting:
On 30 November to 3 December 2010, representatives from National Human Rights Institutions (NHRIs) and indigenous people’s organisations from 15 countries in the Asia-Pacific region met at Tamaki Makaurau (Auckland) to discuss their role in the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration).
Recognising that the Declaration is a comprehensive statement of rights and responsibilities and using the Declaration will breathe life into it;
Recognising that everyone has human rights and that indigenous peoples in the Asia-Pacific region have not always been able to realise their human rights and continue to have their basic human rights and fundamental freedoms violated;
Recognising the urgent need to protect, respect, promote and fulfill the inherent rights of indigenous peoples, including concern about the impact of climate change on the human rights of Indigenous peoples;
Acknowledging the central role of NHRIs in advocating for the protection, promotion and fulfillment of indigenous people’s rights;
Encouraging the United Nations to support and promote the participation of NHRIs in international fora;
Believing that the Declaration offers assistance to better ensure indigenous peoples are able to fully access their rights and to strengthen the relationship between States and indigenous peoples;
Believing that the Declaration is a step towards strengthened partnerships between indigenous peoples and States;
Welcoming the fact that indigenous peoples are organising themselves and actively using the Declaration in advocating for their inherent rights;
Further welcoming the role of NHRIs to support indigenous peoples in those efforts;
Encouraging States to comply with and effectively implement all the obligations contained in the Declaration and other international human rights standards as they apply to indigenous peoples;
Encourages States to ratify all UN human-rights conventions to assist the implementation of the Declaration in the Asia-Pacific region;
Calls on all States to establish NHRIs that are consistent with the Paris Principles and to fully endorse the Declaration;
Calls on indigenous peoples and all States in the Asia-Pacific region to implement the Declaration as a standard of achievement to be pursued in a spirit of partnership and mutual respect;
Calls on NHRIs to provide technical support to States and indigenous peoples in implementing the Declaration.
3 December 2010.
3
Annex 1 Programme of work
Monday 29 November 2010ARRIVAL OF PARTICIPANTS – welcome.
Tuesday 30 November 2010
Morning / Afternoon
10.00 – 12.00
Registration of participants / 15.00 – 15.30
Briefing on the powhiri
by Te Huia Bill Hamilton
15.30
Transportation to the Marae
16.00 – 19.00
Official Opening at the Orakei Marae
12.30 – 14.00 Lunch
Wednesday 1st December 2010
8:15 – 10.00 Karakia and Mihimihi from Aotetearoa, by Hemi Pirihi
Welcome by Chief Commissioner NZHRC, Ms. Rosslyn Noonan
Address from Hon. Tariana Turia, Co-leader of the Māori Party and Minister for Disability Issues
Opening remarks by OHCHR, Antti Korkeakivi
Hand over to Chair of the meeting, Commissioner Ms Karen Johansen
10.00 – 10.45 Introduction of participants 30’
Presentation of the objectives of the meeting, Samia Slimane 10’
Tea break
11.00 – 13.00
Session 1. Highlights of country-level experiences in implementing the UN Declaration on the Rights of Indigenous Peoples
Co-facilitators Marylin Pintor & Ekachai Pinkaew
Papua New Guinea, Mary Boni & Adelbert Gangai, 15’
Fiji, Tevita Koroi 10’
Indonesia – Jopi Lasmana 10’
Nepal – Shankar Limbu, 10’
Philippines – Manja Bayang 10’
Malaysia – Adrian Lasimbang 10’
AIPP – Binota Dhamai 10’
Waiata
Thailand – Sakda Saenmi 10’
Japan – Yupo Abe 10’
Salomon Islands – Moses Ramo & Graham Vahia 15’
New Caledonia – Tourte Rolande & Dick Saihu 15’
Australia – Margaret Raven 10’
New Zealand – Debbie Packer & Wheturangi Walsh-Tapiaa & Valmaine Toki 15’
13.00 – 14.30 Lunch / 14.30 – 15:45
Session 2. NHRIs experiences in implementing programmes and actions to advance the rights of indigenous peoples
Facilitator Bill Hamilton
Thailand by Ekachai Pinkaew, 10’
Philippines, Marylin Pintor, 10’
Nepal, Sarita Gyawali, 10’
Malaysia, Mohammed S.B. Abdullah, 10’
Bangladesh, Mizanur Rahman, 10’
Australia, Mick Gooda & Katie Kiss 10’
Aotearoa, Karen Johansen & Joris de Bres, 10’
Questions to consider:
Organizational structure, staffing and working methods
o Experiences in using indigenous languages in communication between NHRIs and indigenous peoples
o Reaching to indigenous communities - regional presences of NHRIs
o Recruitment of IPs in NHRIs staff
o Specialized Units
Mandate
o Public inquiries
o Complaint handling
o Monitoring activities
o Promotional and educational programmes s of indigenous peoples at the national and international level
o Recommendations to the Government, Parliament and any other competent body
Tea break
16.00 – 17.15
Session 3 NHRI’s engagement at international level
Facilitator Shankar Limbu
UN Permanent Forum on Indigenous Issues, Sonia Smallacombe 10’
UN Expert Mechanism on the Rights of Indigenous Peoples, Jannie Lasimbang 10’
The role of the ASEAN Intergovernmental Commission on Human Rights, Binota Dhamai & Manja Bayang 10’
Open discussion:
Experiences of full and effective consultation with IPs in the following areas:
o Contribution to the State’s periodic treaty body reports and the Universal Periodic Review process
o Others
17.15 – 17.45
OHCHR experiences, Matilda Bogner & Jennifer Kraft ,20’
Presentation of the UNDG Guidelines on Indigenous Issues, Samia Slimane 10’
17.45 – 18.00 Chair to sum-up
Karakia
Thursday 2 December 2010
Morning / Afternoon
Karakia
9.00 – 10.00
Session 4
Presentation of the project to draw up an operational Guide on the UN Declaration on the Rights of Indigenous Peoples
Facilitator, Antti Korkeakivi
Background and objectives, Samia Slimane, 15’
Project of training package on the UNDRIP – Presentation of the draft outline of the Guide, Mick Gooda 20’
Consultation process and proposed timeframe, Samia Slimane 15’
10.00 – 13.00 Break into smaller working groups to discuss sections of the draft guide
Tea break
13.00 – 14.30 Lunch / 14.30 – 15.45 Working group continued
Tea break
16.00 – 17.15 Report back from working groups
Discussions & facilitator sum-up
Karakia
19:00 Po whakangahau, hakari.
Friday 3 December 2010
Morning / 12.30 – 13.00 Poroporoake, farewell
9.00 – 11.00 Follow-up and priorities for action at international level
Tea break
11.15 – 12.30 Wrap up
Annex 2. List of participants