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Crim429/FNST429

Back to Geneva: 1977

The Working Group

Five members; sought the advice, participation and consent of Indigenous representatives at each step

Two major “standard-setting” projects:○ Draft Declaration on the Rights of Indigenous

Peoples – completed 1994○ Study of “Treaties, Agreements, and Other

Constructive Arrangements” – completed 1999

Recent developments

Mme Erica Daes

Mme Daes re WGIP and Declaration

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Miguel Alfonso Martinez Indigenous Peoples at the UN

The Contemporary UN

Decade of World’s Indigenous Peoples began in 1994

Aspiration was to Pass the Declaration on the Rights of Pass the Declaration on the Rights of

Indigenous Peoples in the General Assembly by 2005.

Create more structures that would bring Indigenous peoples into the UN structure

Creation of Structures

Establishment by the UN of the Permanent Establishment by the UN of the Permanent Forum on Indigenous Issues in 2000 (which meets in New York each May)

UNPFII Members for 2017-2019

Asia:Mr. Phoolman Chaudhary(Nepal)

North America:Ms. Terri Henry (USA)

Central and South America and the Caribbean:

Africa (2 seats):Ms. Mariam Wallet Aboubakrine (Mali) (re-elected)Mr. Elifuhara Laltaika(United Republic of Tanzania)

The Arctic:Ms. Ann Nuorgam (Finland)

Ms. Lourdes Tiban Guala(Ecuador)

Central and Eastern Europe, Russian Federation, Central Asia and Transcaucasia:Mr. Dimitri Zaitcev (Russian Federation)

The Pacific:Mr. Les Malezer (Australia)

Creation of Structures

Appointment in 2001 of a Special Rapporteur to deal withdeal with human rights and fundamental freedoms of Indigenous peoples

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Where’s the Declaration?

Emphasis in Working Group was on getting it right

Passes from WG to SubCommission to Council on Human Rights in weeksCouncil on Human Rights in weeks

10 years later, still languishing at CHR

CHR forces the issue in 2005. Passes. Leapfrogs to General Assembly 2006

The Vote: 13 September 2007 Canada & the Declaration

Canada one of four nations to vote against (others are USA, NZ, Oz)

Ostensibly because it violates the Canadian constitutionCanadian constitution No balance with other interests

Undermines fabric of Canada

Canada says Declaration will not apply

Reaction to the Vote

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Expert Mechanism

Expert Mechanism on the Rights of Indigenous Peoples

○ Created in 2007 and began activity in 2008

○ Meets in Geneva every July○ Meets in Geneva every July

○ Main order of business:

Provide HRC with expertise and advice relating to the implementation of the UNDRIP

Assist Member States, on request, in achieving the ends set out in the UNDRIP

Expert Mechanism

Expert Mechanism on the Rights of Indigenous Peoples (2017-2018) Mr. Albert K. BARUME (Democratic Republic of

the Congo) Ms Kristen CARPENTER (United States of Ms. Kristen CARPENTER (United States of

America – Oneida) Ms. Megan DAVIS (Australia) Mr. Edtami MANSAYAGAN (Philippines) Mr. Alexey TSYKAREV (Russian Federation) Ms. Laila VARS (Norway) Ms. Erika M. YAMADA (Brazil)

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Once Again Subjects of Law

At the UN, unlike in Canada, structures are being created that make Indigenous peoples a permanent presence Reconciling the maps of nations states and g p

of peoples

Documents such as the Declaration are powerful statements of Indigenous rights, e.g., to self-determination

Returning as “subjects” of law