From July 11 to 15, 2011, more than 100 Indigenous nations, peoples, and organizations met with representatives from 34 countries in Geneva at the fourth meeting of the Expert Mechanism on the Rights of Indigenous Peoples. The mechanism was created in 2007 by the UN Human Rights Council to provide the council with expert advice on the state of Indigenous Peoples’ rights. Like the Working Group on Indigenous Rights that crafted the UN Declaration on the Rights of Indigenous Peoples, the Expert Mechanism is unusual in including Indigenous representatives working with government representatives on defining and addressing the issues.
The session opened with discussion of the final study by the Expert Mechanism on the right of Indigenous Peoples to education. Cree Chief and former member of the Canadian Parliament Wilton Littlechild mentioned the historical trauma of the residential school system for Canadian Aboriginal people and for Indigenous Peoples across the world in over 20 countries with a similar forced-assimilation education experience. “It is education that got us into this situation,” he said, “and it is education that is needed to change the situation.” The Native Women’s Association of Canada also voiced concerns over the state of Indigenous education and the effect it has had on violence against Aboriginal women, noting that as of March 2010 there are 582 confirmed cases of missing or murdered Aboriginal women and girls. Indigenous delegates consistently highlighted the adverse impacts that funding cuts have on education in Indigenous communities that are already economically depressed.
The later session focused on the Expert Mechanism study on Indigenous Peoples and the right to participate in decision making, which is not only a human right in itself, but, as the mechanism members note, crucial to the achievement of other rights of Indigenous Peoples. United States government representatives highlighted the Obama administration’s commitment to tribal nations and their 2009 Memorandum of Understanding for Tribal Consultation highlighting the president’s commitment to “meaningful consultation” for the betterment of tribal sovereignty and self-determination. Canada spoke of their November 2010 endorsement for the UN Declaration on the Rights of Indigenous Peoples and the increased representation of Aboriginal members of Parliament in their recent federal election. The director of Aboriginal and northern development, Keith Smith, spoke on behalf of the Canadian government and highlighted Canada’s support for the work of the Expert Mechanism in providing best practices and practical examples of application which he notes “can be used by states, Indigenous Peoples, and organizations in their efforts to strengthen partnerships.”
Several delegates proposed that the Expert Mechanism create a working guide on implementation of the UN declaration, with concrete examples of how communities are implementing each article. Chief Littlechild also noted the debate on “legality” surrounding the declaration and the need to better define its legal status as it’s used in international legal forums for setting standards, principles, and precedent.
UN Special Rapporteur on the Rights of Indigenous Peoples James Anaya underscored the need to focus on implementation of the declaration and said that he intends to submit a report about extractive industries on or near Indigenous territories to the Human Rights Council at the annual session in September 2011. He also strongly encouraged indigenous nations, peoples, and organizations to submit written materials to him related to issues of concern facing their communities.
The final discussion centered on recommendations for future studies to be carried out by the Expert Mechanism, which included extractive industries, border issues, and women and children’s issues.
— Kelsey Leonard
Kelsey Leonard is an intern at Cultural Survival and travelled to Geneva to participate in the fourth session of the Expert Mechanism.
