Expert Mechanism on the Rights of Indigenous Peoples

A/HRC/RES/33/25View PDF

Who created this mandate?

A Resolution of the Human Rights Council, under agenda item 5Human rights bodies and mechanisms, published in 2016.

What other versions does this mandate have?

2 versions · 2008–2016

2016A/HRC/RES/33/25Expert Mechanism on the Rights of Indigenous PeoplesLatestCompare with previous version
2008A/HRC/RES/6/36Expert mechanism on the rights of indigenous peoples

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

Who cites this mandate in the budget?

1 entity

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

5 topics

Coordination Within UN System Groups of Experts Human Rights Indigenous Peoples Subsidiary Bodies

What does this mandate say?

22 operative paragraphs

Decides to amend the mandate of the Expert Mechanism on the Rights of Indigenous Peoples, which shall provide the Human Rights Council with expertise and advice on the rights of indigenous peoples as set out in the United Nations Declaration on the Rights of Indigenous Peoples, and assist Member States, upon request, in achieving the ends of the Declaration through the promotion, protection and fulfilment of the rights of indigenous peoples;

Also decides that the Expert Mechanism shall:

Prepare an annual study on the status of the rights of indigenous peoples worldwide in the achievement of the ends of the Declaration, focusing on one or more interrelated articles of the Declaration, decided by the Expert Mechanism, taking into consideration the suggestions received from Member States and indigenous peoples, including challenges, good practices and recommendations;

Identify, disseminate and promote good practices and lessons learned regarding the efforts to achieve the ends of the Declaration, including through reports to the Human Rights Council on this matter;

Upon request, assist 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, as relevant, which may include establishing contacts with other United Nations agencies, funds and programmes;

Provide 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, engage and assist them by facilitating dialogue, when agreeable to all parties, in order to achieve the ends of the Declaration;

Further decides that the Expert Mechanism shall report at least once a year to the Human Rights Council on its work, and keep the Council fully informed of developments on the rights of indigenous peoples;

Decides that the Expert Mechanism shall consist of seven independent experts, one from each of the seven indigenous sociocultural regions, the selection of which shall be carried out in accordance with the procedure and criteria for nominating, selecting and appointing mandate holders established by the Human Rights Council in paragraphs 39 to 53 of the annex to its resolution 5/1 of 18 June 2007;

Also decides to introduce staggered terms for the membership of the Expert Mechanism, considering the need to secure continuity in its functioning;

Strongly recommends that, in the selection and appointment process, due regard be given to recognized competence and experience in the rights of indigenous peoples, experts of indigenous origin, and gender balance;

Decides that the members of the Expert Mechanism shall serve for a three-year term, and may be reappointed for one additional term;

Also decides that, within its mandate, the Expert Mechanism shall determine its own methods of work, although the Expert Mechanism may not adopt resolutions or decisions;

Further decides that, within its mandate, the Expert Mechanism may seek and receive information from all relevant sources as necessary to fulfil its mandate;

Decides that, within its mandate, the Expert Mechanism shall coordinate its work and further strengthen its participation, engagement and cooperation, as appropriate, with the Permanent Forum on Indigenous Issues, the Special Rapporteur on the rights of indigenous peoples, the United Nations Voluntary Fund for Indigenous Peoples and other United Nations bodies and processes;

Encourages the Expert Mechanism to enhance its engagement with national human rights institutions, which should be in accordance with the mandates of each national human rights institution;

Decides that the Expert Mechanism shall meet annually for up to five days, and that the sessions may be a combination of open and private meetings, as deemed necessary;

Also decides that the annual meeting of the Expert Mechanism shall be open to the participation, as observers, of States, United Nations mechanisms, bodies and specialized agencies, funds and programmes, intergovernmental organizations, regional organizations and mechanisms in the field of human rights, national human rights institutions and other relevant national bodies, academics and experts on indigenous issues, and non-governmental organizations in consultative status with the Economic and Social Council; the meeting shall also be accessible to indigenous persons with disabilities and open to indigenous peoples’ organizations and non-governmental organizations whose aims and purposes are in conformity with the spirit, purposes and principles of the Charter of the United Nations, based on arrangements, including Economic and Social Council resolution 1996/31 of 25 July 1996, and practices observed by the Commission on Human Rights, through an open and transparent accreditation procedure in accordance with the rules of procedure of the Human Rights Council, which will provide for timely information on participation and consultation with the States concerned;

Further decides that the Expert Mechanism may also hold intersessional meetings and activities for five days a year, and invites it to use information and communications technology to advance its work;

Decides, in order for the Expert Mechanism to enhance cooperation and avoid duplicating the work of the Special Rapporteur on the rights of indigenous peoples and the Permanent Forum, that it shall participate in the activities of the Permanent Forum, and invite the Special Rapporteur and a member of the Permanent Forum to attend and contribute to its annual meeting;

Invites the special procedures of the Human Rights Council to explore concrete ways to coordinate their work with the Expert Mechanism with regard to the rights of indigenous peoples;

Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide all human, technical and financial assistance necessary for the Expert Mechanism to fulfil its mandate fully and effectively.

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