ZERO DRAFT
21 APRIL 2017 CLEAN VERSION
DRAFT RESOLUTION BY THE
GENERAL ASSEMBLY ON ENABLING THE PARTICIPATION OF INDIGENOUS PEOPLES’
REPRESENTATIVES AND INSTITUTIONS IN MEETINGS OF RELEVANT UNITED NATIONS BODIES
ON ISSUES AFFECTING THEM
PREAMBULAR
PARAGRAPHS:
1.
Reaffirming the purposes and principles contained in the Charter of the
United Nations, including developing friendly relations among nations based on
respect for the principle of equal rights and self-determination of peoples,
achieving international cooperation in solving international problems of an
economic, social, cultural or humanitarian character and in promoting and
encouraging respect for human rights and fundamental freedoms for all as well
as the sovereign equality, territorial integrity and political independence of
all its Members. (Based on A/RES/60/251
PP1 and UN Charter article 2)
2. Recalling that membership in
the United Nations is open to all peace-loving States which accept the
obligations contained in the Charter of the United Nations and, in the judgment
of the Organization, are able and willing to carry out these obligations and
reaffirming the intergovernmental nature of the United Nations in this regard. (Based on UN Charter article 4)
3. Reaffirming the United Nations
Declaration on the Rights of Indigenous Peoples (hereinafter “the Declaration”)
adopted by the General Assembly on 13 September 2007, and our commitments made
in this respect to consult and cooperate in good faith with the Indigenous Peoples
concerned through their own representative institutions. (Based on WCIP outcome document A/RES/69/2 article 3)
4. Reaffirming the solemn
commitment to respect, promote and advance and in no way diminish the rights of
Indigenous Peoples and to uphold the principles of the Declaration, including
the rights to self-determination and to participate both at national levels as
well as in the UN in decision-making that affects them in accordance with
articles 3, 5, 18, 19, 20, 32, 33, 39, 41 and 42 of the Declaration. (Based
on WCIP outcome document A/RES/69/2 article 4)
5.
Reaffirming the Outcome document of the high-level plenary meeting of
the General Assembly known as the World Conference on Indigenous Peoples, by
which it committed to consider ways to enable the participation of Indigenous
Peoples’ representatives and institutions in meetings of relevant United
Nations bodies on issues affecting them. (Based
on A/RES70/232 PP8)
6. Recalling its resolution
70/232 of 23 December 2015 in which it
requested the President of the General Assembly to conduct consultations
with Member States, Indigenous Peoples’ representatives and institutions from
all regions of the world, and existing relevant mechanisms of the United
Nations, on the possible measures necessary to enable the participation of
Indigenous Peoples’ representatives and institutions in meetings of relevant
United Nations bodies on issues affecting them, and also requested the
President to prepare a compilation of the views presented during the
consultations, including good practices within the United Nations regarding
Indigenous Peoples’ participation, which will form the basis for a draft text
to be finalized and adopted by the General Assembly during its seventy-first
session. (Based on OP 19 A/RES/70/232 and
OP24 and OP25 of A/RES/71/178)
7.
Recalling relevant Human Rights Council resolutions, including its
resolution 18/8 (A/HRC/RES/18/8) of 29 September 2011 and resolution 21/24
(A/HRC/RES/21/24) of 28 September 2012.
8. Building on the reports by the
Secretary-General on ways and means of promoting participation in the United
Nations of Indigenous Peoples’ representatives on issues affecting them[1] and on the progress made in the
implementation of the outcome document of the high-level plenary meeting of the
General Assembly known as the World Conference on Indigenous Peoples[2] ,
in which the Secretary-General encouraged Member States to move forward on
developing measures to enable the effective participation of indigenous
peoples’ representatives and institutions in meetings of relevant United
Nations bodies on issues affecting them, through representatives chosen in
accordance with their own procedures. (Partly based on paragraph 48 of
Secretary-General’s report A/70/84-E/2015/76)
9.
Noting the outcome document of the Alta Conference[3],
in which Indigenous Peoples made recommendations for consideration at the
United Nations high-level plenary meeting of the General Assembly known as the
World Conference on Indigenous Peoples and called for, at a minimum, an
observer status for Indigenous Peoples within the United Nations system, and
other contributions made by Indigenous Peoples to the consultations conducted
on the possible measures necessary to enable the participation of Indigenous
Peoples’ representatives and institutions in meetings of relevant United
Nations bodies on issues affecting them. (Based
on WCIP outcome document A/RES/69/2 article 2)
10.
Recalling the arrangements made for participation by Indigenous Peoples,
including in the UN Permanent Forum on Indigenous Issues and the Expert
Mechanism on the Rights of Indigenous Peoples as well as arrangements made for
UN Conferences, Summits and UN General Assembly High-Level Events.
11.
Noting that the deliberations at the United Nations meetings have become
richer and more diverse with the participation of Indigenous Peoples.
12.
Convinced that the participation of Indigenous Peoples, including
indigenous women, youth, older persons and persons with disabilities, from all
regions contributes to knowledge and expertise in the United Nations as well as
to facilitating the strengthening of cooperation between States and Indigenous
Peoples in a peaceful and constructive fashion. (Partly based on SG report A/HRC/21/24 paragraph 13)
13.
Encourages Indigenous Peoples to include indigenous women, youth, older
persons and persons with disabilities onto their delegations. (Based on GA resolution A/RES/66/296.
Organization of the high-level plenary meeting of the sixty-ninth session of
the General Assembly, to be known as the World Conference on Indigenous Peoples
OP5)
14.
Noting the efforts by the UN system, through the System-Wide Action Plan
for ensuring a coherent approach to achieving the ends of the United Nations
Declaration on the Rights of Indigenous Peoples, to take concrete and practical
steps towards increased full and effective participation by Indigenous Peoples
in processes that affect them. (Based on
System-wide Action Plan on the Rights of Indigenous Peoples in document
E/C.19/2016/5, in particular paragraph 35).
15.
Further noting that existing arrangements for participation by non-State
Entities within the United Nations system do not adequately enable Indigenous
Peoples’ representatives participation in decision making affecting them, as
Indigenous Peoples are not non-governmental organizations, (Based on SG report A/HRC21/24, paras 3 and 7; HRC resolution
A/HRC/RES21/24 PP7 and A/HRC/RES/18/8 OP13)
16.
Conscious that any new arrangements of participation of Indigenous
Peoples within the United Nations system shall not undermine the existing
participation by Indigenous Peoples and other non-State actors in the UN,
including in the Permanent Forum on Indigenous Issues, the Expert Mechanism on
the Rights of Indigenous Peoples and in those bodies where participation is regulated
in accordance with resolution 1996/31 of the Economic and Social Council
regarding Consultative relationships between the United Nations and
non-governmental organizations.
OPERATIVE PARAGRAPHS
Cognizant of the need to make
arrangements to enable Indigenous Peoples’ effective participation in relevant
meetings of United Nations bodies on issues affecting them, through their
representative institutions,
1) Approves the following
modalities for Indigenous Peoples’ representative institutions participation at
the UN:
2) Agrees that the selection of
Indigenous Peoples’ representative institutions to attend and participate in
the United Nations in accordance with the principles and criteria set herein
does not imply recognition of those institutions under international or
domestic law or policy for any purpose other than participation in meetings of
relevant United Nations bodies on issues affecting them.
3)
Further agrees that the selection under this resolution on its own does
not imply that the represented peoples are ‘indigenous‘ or ‘peoples’ for any
other purpose under international or domestic law or policy.
4)
Decides that the provisions of the present resolution shall in addition
to the UN General Assembly apply to its Main Committees mutatis mutandis and invites
the Human Rights Council to apply the provisions of the present resolution
mutatis mutandis (Based on ECOSOC
resolution 1996/31, paragraph 16)
5)
Invites the Economic and Social Council (ECOSOC) and its functional
commissions, within their respective mandates, to apply the provisions of the
present resolutions mutatis mutandis. (Based on ECOSOC resolution 1996/31,
paragraph 16)
Venues of participation
6) OP 6 Alternative 1
Decides to invite Indigenous
Peoples’ representative institutions to attend and participate in all meetings
of the General Assembly and its Main Committees on issues affecting them and to
invite the Human Rights Council to make the necessary arrangements for
Indigenous Peoples’ representative institutions to attend and participate at
its meetings.
OP 6 Alternative
2
Decides to invite Indigenous
Peoples’ representative institutions to attend and participate in all meetings
of the General Assembly as well as the General Assembly’s Second Committee and
Third Committee on issues affecting them and to invite the Human Rights Council
to make the necessary arrangements for Indigenous Peoples’ representative
institutions to attend and participate at its meetings.
Also decides that the
President of the General Assembly may invite Indigenous Peoples’ representative
institutions to attend and participate in additional meetings on issues
affecting them in the General Assembly Main and other Committees and its
subsidiary bodies to be determined by the President of the General Assembly in
consultation with the UN Permanent Forum on Indigenous Issues during its
session.
Text after either OP 6 alternative 1 or alternative 2:
7) Invites the Economic and
Social Council, no later than by the end of the 72nd session of the General
Assembly, to ensure that Indigenous Peoples’ representative institutions can
attend and participate in all its meetings on issues affecting them, including
in all its functional commissions.
8) Invites the Human Rights
Council, no later than by the end of the 72nd session of the General Assembly,
to make the necessary arrangements to ensure that Indigenous Peoples’
representative institutions can attend and participate in its meetings in
accordance with this resolution.
9) Reaffirms that Indigenous
Peoples’ representative institutions may be invited to attend conferences,
summits and other meetings convened by the General Assembly on issues affecting
them, in accordance with the relevant decisions established by the General
Assembly for those meetings.
10) Commits to ensure that in
modalities for future conferences convened by the General Assembly, Indigenous
Peoples’ representative institutions are granted, as a minimum, similar rights
to attend and participate in those conferences as established in the modalities
herein.
11)
Urges other bodies and organisations throughout the UN system, including
United Nations funds, programmes and specialized agencies, to enable the
participation of Indigenous Peoples’ representative institutions on issues
affecting them.
Participation modalities and
arrangements
12)
Decides that:
a) Indigenous Peoples’
representative institutions attending United Nations meetings prescribed in
this resolution have the right of inscription on the list of speakers and to
make oral statements in one of the official languages of the United Nations.
They shall furthermore have the right to submit written statements in one of
the official languages of the United Nations.
b) Where appropriate, and when
invited by the chairperson of the meeting, Indigenous Peoples can be offered
the right to reply.
c) The allocation of speaking
slots for Indigenous Peoples’ representative institutions attending meetings of
the United Nations shall be arranged in a balanced way, taking into account the
efficient functioning of the United Nations meetings, geographic representation
and fairness between all participants. The arrangements should not be such as
to overburden the work of the concerned body.
d) Indigenous Peoples’ representative
institutions will not be permitted to vote, to raise points of order, to
co-sponsor resolutions, to move amendments to resolutions, or submit
resolutions, take decisions or other prerogatives of Member States
e) Indigenous Peoples’
representative institutions shall be allocated appropriate seating arrangements
in meetings they attend. These seating arrangements shall not be overly
burdensome for the Organization, but shall, however, seek to accommodate regional
representation of Indigenous Peoples’ representative institutions. (Based
on ECOSOC resolution 1996/31, paragraph 67)
Selection mechanism
13) Decides to establish a new
mechanism to select Indigenous Peoples’ representative institutions for
participation at the United Nations, called hereinafter the Selection
Committee.
14) Decides that the composition
of the Selection Committee shall be:
Alternative 1
to OP14:
A committee made up of fourteen (14) experts on the
rights of Indigenous Peoples. On the basis of a proposal by the Permanent Forum
on Indigenous Issues, prepared in consultation with Indigenous Peoples’
institutions from all the seven indigenous socio-cultural regions, seven shall
be appointed by the President of the General Assembly from each of the
Indigenous socio-cultural regions of the world, and seven shall be appointed by
the President of the General Assembly from each of the Indigenous
socio-cultural regions of the world, in consultation with Member States.
Alternative 2
to OP14:
A
committee comprised of [ten (10)] experts on the rights of Indigenous Peoples
with an equal number of Member State and Indigenous proposed members appointed
by the President of the General Assembly after consultations with States and
Indigenous Peoples. The Indigenous nominated experts are to be appointed among
the members of the Permanent Forum on Indigenous Issues, and States
representatives shall be appointed among those represented in the bureau of the
Third Committee of the General Assembly.
Alternative 3
to OP14:
A
committee appointed by the President of General Assembly comprised of [5]
state-appointed experts/state representatives, one representative from each
geographical region OR A
committee appointed by the President of General Assembly comprised of [7]
state-appointed experts/state representatives, one representative from each indigenous
socio-cultural region.
15) Recommends that in appointing
the members to the Selection Committee, the President of the General Assembly
on the basis of a proposal by the Permanent Forum on Indigenous Issues,
prepared in consultation with Indigenous Peoples’ institutions from the 7 indigenous
socio-cultural regions, shall take into consideration the candidates’
competence and experience on the rights of Indigenous Peoples as well as the
need to ensure gender balance, and the desirability of including youth and
persons with disabilities, to ensure diversity of the Committee.
16) Decides that the expert
members of the Selection Committee shall serve for a three year term, and may
be reappointed for one additional term; [and that State representatives serve
on a yearly basis based on participation in the Bureau of the Third Committee
of the General Assembly (applies only to option 2 and possibly option 3 to OP
14)].
17) Also decides that, within its
mandate established by this resolution, the Selection Committee shall determine
its own methods of work, guided by the need for financial responsibility,
fairness and efficiency.
18) Decides that the relevant
Member States are notified when there is an application from an Indigenous
Peoples’ representative institution to the Committee and that they are invited
to provide information with respect to the applicant.
19) Alternative 1 TO OP19
Decides that the decisions of the Committee
shall be taken by a majority of the members present and voting (simple
majority) OR two-thirds majority of members
ALTERNATIVE 2 TO OP19 (if no IP representatives on Selection
Committee as anticipated by alternatives 1 or 2 of OP14)
Decides
that the selection process shall be comprised of two stages: first, review by
[7] experts selected by the President of the General Assembly, on the basis of
a proposal by the Permanent Forum on Indigenous Issues, prepared in
consultation with Indigenous Peoples’ institutions from the 7 socio-cultural Indigenous regions;
second, decision by [5/7] state experts/representatives taking into account the
review by the 7 socio-cultural Indigenous regions. The experts in the first and
second stages shall take decisions with a majority.
20) Decides that the Selection Committee
will be guided by the need for geographical and regional balance among
Indigenous Peoples’ representative institutions. To this end, it shall seek to
ensure commensurate representation from each Indigenous socio-cultural region.
21) Emphasizes that the Selection Committee,
in considering applications, should ensure, to the extent possible,
participation of Indigenous Peoples’ representative institutions from all
regions, in order to help achieve just, balanced, effective and genuine
involvement of Indigenous People’s representative institutions from all regions
and areas of the world. (Based on ECOSOC resolution 1996/31
paragraph 5)
22) Stresses that the decisions of
the Selection Committee must be transparent and based on the application of
objective criteria as set out in this resolution. Applications shall be handled
without undue delay and decided upon efficiently and expeditiously. The
application process should not be overly onerous for the applicants.
23) Decides that the Selection Committee
shall provide written reasons when an applicant institution is denied
participation as an Indigenous Peoples’ representative institution and that the
applicant shall have the opportunity to present its response for appropriate
consideration by the Selection Committee as expeditiously as possible.
Appeal procedure
24) Member States and Indigenous
applicants shall have an equal opportunity to appeal the recommendation to
grant or decline participation as Indigenous Peoples’ representative
institutions through a written submission. Written submissions must contain
rationale for the appeal and be submitted to the Selection committee within 30
days of the issuing of the recommendation that is being appealed.
25) Appeal submission(s) will be
published on the United Nations website concerning Indigenous Peoples
(Secretariat/DSPD/Indigenous Peoples) issues and distributed to Member States
and Indigenous Peoples through appropriate channels, electronically wherever
possible.
26) Appeal submission(s) will be
considered by the Selection Committee within 90 days of receiving it. The Selection
Committee may discuss the appeal with the objecting Member State and Indigenous
applicant to obtain further information. The Selection Committee will issue its
final recommendation to grant or decline participation as Indigenous Peoples’
representative institutions based on the further information presented in the
appeal submission(s) and its outreach. The final recommendation of the
Selection Committee will be disseminated in the same manner as appeals in
paragraph 25.
27) Member States and Indigenous
Peoples can object to the Selection Committee’s final recommendation on
granting or declining participation as Indigenous Peoples’ representative
institutions. Member States and Indigenous peoples must formally advise the
Selection Committee, the President of the General Assembly and the Chair of the
Permanent Forum on Indigenous issues of their objection to the final decision
within 30 days of the final recommendation being issued.
28) Confirms that the Selection
committee submits its recommendation regarding
granting an Indigenous Peoples’ representative institution the right to attend
and participate at the United Nations to the General Assembly.
29) Further decides that
applicants denied participation as Indigenous Peoples’ representative
institutions may re-apply.
30) Decides that the Selection Committee
shall meet up to [15] days a year, allowing for flexibility in accordance with
the number of applications for Indigenous Peoples’ representative institution
participation over time. Meetings could be immediately prior or subsequent to
relevant meetings at the UN (for example the permanent forum session) for cost
efficiency. Videoconferencing should be used whenever possible.
31) Decides that the Selection
Committee is supported by the Secretariat of the Permanent Forum on Indigenous
Issues. The Secretariat shall be, amongst others, responsible for the receipt
and preliminary evaluation of applications by Indigenous Peoples’
representative institutions to the Selection Committee.
32) Requests the Secretary-General
to provide all human, technical and financial assistance necessary for the
Selection Committee, including the Secretariat of the Permanent Forum on
Indigenous Issues, to fulfil its mandate fully and effectively. (based on A/HRC/RES/33/25 Expert Mechanism
on the Rights of Indigenous Peoples, OP17)
33) Requests the Secretary-General
to make every effort to enhance and streamline, as appropriate, Secretariat
support arrangements, to improve practical arrangements on such matters with
greater use of modern information and communication technology, establishment
of an integrated database of Indigenous Peoples’ representative institutions,
wide and timely dissemination of information on meetings, distribution of
documentation, provision of access and transparent, simple and streamlined
procedures for the attendance of Indigenous Peoples’ representative
institutions at United Nations meetings and to facilitate their broad based
participation.
Selection criteria
34) Decides that Indigenous
Peoples’ representative institutions selected for participation as such should
be genuinely representative of one or more people that qualify as indigenous.
35) Recognizes that the situation
of Indigenous Peoples varies from region to region and from country to country
and that the significance of national and regional particularities and various
historical and cultural backgrounds should be taken into consideration.
36) Underlines that the Selection
Committee shall take into account relevant factors in determining whether the
applicant qualifies as an Indigenous Peoples’ representative institution. Such
factors are to be flexibly considered in accordance with current practice
within the United Nations system and in light of the United Nations Declaration
on the Rights of Indigenous Peoples.
37) Decides that
a) relevant factors, which can be
present to a varying degree, that need to be considered include, inter alia:
§ self-identification;
§ state recognition;
§ where applicable, recognition
under domestic laws and policies
§ history of dispossession
and/or colonisation;
§ a unique relationship with lands,
territories and resources;
§ cultural distinctiveness
including Indigenous languages;
§ the exercise of collective
rights as recognized, inter alia, by the UN Declaration on the Rights of
Indigenous Peoples;
§ the practice of
self-government;
§ traditional authority under
Indigenous law;
§ occupation of ancestral lands,
or at least part of them, territories and resources over a long period of time;
often reflected in prior occupancy;
§ entry into treaties,
agreements or other constructive arrangements;
§ recognition as Indigenous by
other Indigenous Peoples historically and/or now;
b) Institutions seeking selection
as Indigenous Peoples’ representative institutions must show persuasive
evidence that they are the legitimate representative of an Indigenous people.
Relevant evidence might include but is not limited to the following:
§ authority under Indigenous law
and customs;
§ election as the representative
body.
§ permanent physical presence of
the institution and its personnel within the territory of the people they represent
and the representative institution should be based there;
c)
Relevant evidence may include written documentation and, where
appropriate, oral testimony. Evidence must not be so difficult to establish as
to limit the ability of an Indigenous Peoples’ representative institution to be
selected.
d)
The aims and purposes of Indigenous Peoples’ representative institutions
selected must be in conformity with the spirit, purposes and principles of the
Charter of the United Nations and should pursue the goals of promotion and
protection of human rights. The institution shall undertake to support the work
of the United Nations and to promote knowledge of its principles and activities
in accordance with its own aims and purposes and the nature and scope of its
competencies and activities. They shall not, either directly or through its
affiliates or representatives, abuse their participatory rights by engaging in
a pattern of acts contrary to the purposes and principles of the Charter of the
United Nations.
38) Decides that the selection
mechanism may recommend to revoke or suspend the Indigenous Peoples’
representative institution with final action to be taken by the General
Assembly in a case where there is credible evidence that the concerned
Indigenous Peoples’ representative institution no longer fulfils the above mentioned
criteria.
39) Confirms that once selected,
the Indigenous Peoples’ representative institutions shall have full authority
to select their own delegates.
40) Strongly encourages Indigenous
Peoples’ representative institutions to consult with indigenous women, youth,
older persons and persons with disabilities, as well as include them on their
delegations. (Based on GA resolution
A/RES/66/296. Organization of the high-level plenary meeting of the sixty-ninth
session of the General Assembly, to be known as the World Conference on Indigenous
Peoples OP5.)
General principles and implementation of the
resolution
41) Noting that nothing in this
resolution may be interpreted as implying for any State, people, group or
person any right to engage in any activity or to perform any act contrary to
the Charter of the United Nations or construed as authorizing or encouraging
any action which would dismember or impair, totally or in part, the territorial
integrity or political unity of sovereign and independent States. (Based on Article 46 of UNDRIP)
42) Decides to expand the mandate
of the United Nations Voluntary Fund for Indigenous Peoples so that it can
assist representatives of Indigenous Peoples' representative institutions to
participate in the meetings of the General Assembly and its Main Committees and
the Economic and Social Council as determined by this resolution. (Based
on A/RES/70/232, OP8)
43) Urges Governments and
intergovernmental and non-governmental organizations to continue to contribute
to the United Nations Voluntary Fund for Indigenous Peoples. (Based
on A/RES/70/232, OP7)
44) Requests the Secretary General
together with the Presidents of the General Assembly, the Economic and Social
Council (ECOSOC) and the Human Rights Council to ensure that the arrangements
decided upon in this resolution shall be fully implemented at the latest by the
end of the 72nd session of the General Assembly.
45) Requests the Secretary-General
to make the present resolution widely known, through proper channels, to
facilitate the involvement of Indigenous Peoples’ representative institutions
from all regions and areas of the world. (Based
on ECOSOC resolution 1996/31, paragraph 70)
Reporting and Review
46) Further requests the Secretary
General to report, by its 75th session, on the implementation of this
resolution, including on the possible measures based on modern information and
communication technology taken by the Secretariat to enhance the participation
of Indigenous Peoples in relevant meetings of the United Nations
47) Decides to review the
arrangements for Indigenous Peoples’ representative institutions participation
as established by this resolution within 5 years of the arrangements having
been put into place with a view to assessing whether they adequately ensure
Indigenous Peoples’ participation in the United Nations.
