ti' ; ~ ~djj 2 December 2016 Excellency,

Transcription

1 ti' ; ~ ~djj ~ THE PRESIDENT OFTHE GENERAL ASSEMBLY 2 December 2016 Excellency, I have the hnur t transmit herewith a letter, dated 2 December, 2016 frm the Advisers f the cnsultatin prcess cncerning the ways t enable the participatin f indigenus peples' representatives and institutins in meetings f relevant United Natins bdies n issues affecting them, transmitting the prgram and frmat f the cnsultatin taking place n 14 and 15 December, 2016 in the Trusteeship Cuncil Chamber. I encurage the active participatin f yur delegatin in this cnsultatin. Please accept, Excellency, the assurances f my highest cnsideratins. Peter Thmsn All Permanent Representatives and Permanent Observers t the United Natins New Yrk

2 New Yrk 2 December 2016 Excellency, With the reference t yur letters dated 28 September and 18 Octber with respect t the cnsultatin prcess assciated with Indigenus peples' participatin in the United Natins, we are pleased t cnfirm the prgram f the cnsultative meetings that will take place at United Natins headquarters n 14 and 15 December. The frmat f the cnsultatins is t discuss in detail each f the substantive segments f the elements paper. There will be a dedicated cnsultative sessin fr each segment, as detailed belw. Wednesday 14 December loam - 1 pm: Venues f participatin 3 pm - 6 pm: Participatin mdalities Thursday 15 December loam - 1 pm: Recgnitin / selectin mechanism 3 pm - 6 pm: Selectin criteria All the cnsultative meetings will take place in the Trusteeship Cuncil chamber. The participants t the meetings are requested t address the issue at hand in each sessin, basing their cmments n the elements paper that was circulated as the addendum f the cmpilatin. The final cmpilatin and addendum (N70/990) is available in all fficial UN languages at: The Addendum f the cmpilatin that includes elements fr future discussin prvides us a basis fr the meetings n 14th and 15 th December and is als separately attached t the letter. The addendum f the cmpilatin and updated infrmatin n the cnsultatin prcess is als available at the cnsultatin prcess website: develpment! desa/indigenuspeples/participatin-f-indigenus-peples-atthe-united-natins.html

3 We are lking frward t cntinuing t engage n this imprtant subject with all stakehlders and t yur cntinued supprt. Please accept, Excellency, the assurances f ur highest cnsideratin. Ambassadr Kai Sauer Permanent Representative f Finland t the United Natins Ambassadr Martha Ama Akyaa Pbee Permanent Representative f Ghana t the United Natins Dr. Claire Charters Prf. James Anaya

4 Addendum t the final Cmpilatin f 8 July Ptential Elements fr discussin during the 71 st Sessin f the General Assembly Element Backgrund Cntent The prcess will be guided by the Charter f the United Natins. Cmmitment t respect, prmte and advance and in n way diminish the rights f indigenus peples and t uphld the principles f the Declaratin n the Rights f Indigenus Peples (Declaratin). T be guided by d1e Declaratin; articles 3,5, 18, 19, 20, 32, 33, 39,41 and 42 islate sme f the key principles, such as that Indigenus peples have the right t participate in all decisin making d1at impacts n Indigenus peples; In particular its article 18, which affinns that indigenus peples have the right t participate in decisin-making in matters which wuld affect their rights, thrugh representatives chsen by them in accrdance with their wn prcedures, as well as t maintain and develp their wn indigenus decisinmaking institutins and article 41, which establishes that the United Natins shall cntribute t the full realizatin f the prvisins f the Declaratin, including thrugh ways and means f ensuring participatin f indigenus peples n issues affecting them. T recall the decisin f the General Assembly, in the utcme dcument f the high-level plenary meeting f the General Assembly knwn as the Wrld Cnference n Indigenus Peples, by which it cmmitted t cnsider ways t enable the participatin f indigenus peples' representatives and institutins in meetings f relevant United Natins bdies n issues affecting them, including any specific prpsal made by d1e Secretary-General in d1is regard (pp 8 f GA reslutin 70/232). T further recall General Assembly Reslutin 70/232 f 23 December 2015 (in particular OP 19), in which the General Assembly requested the President f d1e General Assembly t cnduct, within existing resurces, timely, inclusive, representative and transparent cnsultatins with Member States, indigenus peples' representatives and institutins frm all regins f the wrld, and existing relevant mechanisms f the United Natins, n the pssible measures necessary, including prcedural and institutinal steps and selectin criteria, t enable d1e pat:ticipatin f indigenus peples' representatives and institutins in meetings f relevant United Natins bdies n issues affecting them, and als requests the President t prepare a cmpilatin f the views presented during the cnsultatins, including gd practices within d1e United Natins regarding indigenus peples' participatin, which will fnn the basis fr a draft text t be fmalized and adpted by the Assembly during its seventy-first sessin.

5 T recall Human Rights Cuncil reslutin 18/8 which requested the Secretary-General, in cperatin with the Office f the High Cmmissiner, the Office f Legal Mfairs and ther relevant parts f the Secretariat, t prepare a detailed dcument n the ways and means f prmting participatin at the United Natins f recgnized indigenus peples' representatives n issues affecting them, given that they are nt always rganized as nn-gvernmental rganizatins, and n hw such participatin might be structured, drawing frm, inter alia, the rules gverning the participatin in varius United Natins bdies by nn-gvernmental rganizatins (including Ecnmic and Scial Cuncil reslutin 1996/31) and by natinal human rights institutins (including Human Rights Cuncil reslutin 5/1 f 18 June 2007 and Cmmissin n Human Rights reslutin 2005/74 f 20 April 2005), and t present it t the Cuncil at its twenty-ftrst sessin. T further recall Human Rights Cuncil reslutin 21/24 by which it ntes with appreciatin the reprt f the Secretary-General n the ways and means f prmting participatin at the United Natins f indigenus peples' representatives n issues affecting them (A/HRC/21/24) and invited the General Assembly t cnsider this issue. T take nte f the utcme dcument f the Alta Cnference (A/67/994, annex), in which indigenus peples and natins representing the seven glbal geplitical regins, including representatives f the wmen's caucus and the yuth caucus, made cllective recmmendatins t the United Natins high-level plenary meeting f the General Assembly knwn as the Wrld Cnference n Indigenus Peples and called fr, at a minimum, a permanent bserver status fr Indigenus Peples within the United Natins system, as well as ther cntributins made by indigenus peples t this cnsultatin prcess. T recall the reprt f the Secretary-General n prgress made in the implementatin f the utcme dcument f the high-level plenary meeting f the General Assembly knwn as the Wrld Cnference n Indigenus Peples, i (Secretary-General reprt Prgress made in the implementatin qf the utcme dcument qf the high-level plenary meeting qf the General Assembfy knwn as the Wrld C01iference n Indigenus Peples (A/70/84-E/2015/76). T reafftrmthe status and territrial integrity f States as set ut in the Charter f the United Natins as well as in article 46 f the Declaratin; the cnsultatin prcess des nt aim t alter the exclusive right f Member States f the United Natins t membership in the General Assembly r ther UN bdies r the status and territrial integrity f States as set ut in the UN Charter as well as cnfilmed in the Declaratin. Venues f participatin Optins include participatin by Indigenus Peples' representative institutins: 1 Al70/84-EI2015/76.

6 in the General Assembly and, as apprpriate, its subsidiary bdies; and/r in specific meetings f the General Assembly and its subsidiary bdies (fr example the UN General Assembly Third Cmmittee dialgue with the Special Rapprteur n Rights f Indigenus Peples); and/r in UN cnferences cnvened by the General Assembly; and/r the General Assembly: invites the Human Rights Cuncil t enhance the participatin f Indigenus Peples' representative institutins including in its meetings that are fcused n rights f Indigenus peples (in patiicular the dialgue with the Special Rapprteur n the Rights f Indigenus Peples and the annual half-day discussin n the rights f indigenus peples, which are held every September sessin f the Human Rights Cuncil) ; and/r invites the ECOSOC t enhance the participatin f Indigenus peples' representative institutins including in its sessins/and its subsidiary bdies that fcus n rights findigenus peples; and/r invites UN prgrammes, funds and specialized agencies t enhance the participatin f Indigenus representative institutins. Participatin mdalities :Might be different accrding t venue and/r cnference. Set number f speaking spts fr accredited bserver Indigenus peples' institutins culd be created. General Assembly separate bserver status tailred specifically t Indigenus Peples' representative institutins: speaking rights; a set number f speaking spts fr accredited Indigenus peples' representative institutins culd be created based n: gegraphical/reginal distributin; and/r the usual prcedures and practices f Indigenus peples; and/r right t make written submissins Recmmendatins with respect t dler bdies, including the Human Rights Cuncil and the ECOSOC and its subsidiary bdies, might include: accmmdatin f cntributins by natinal human rights institutins (NHRI's) in the sessins f dle Human Rights Cuncil culd frm an example fr the participatin f Indigenus Peples' representative institutins: this wuld include the right t submit written submissins and make ral statements. The NHRI's are entided t speak in1mediately after the State under review during the adptin f dle utcme f a universal peridic review f that State by the Human Rights Cuncil in the plenary meeting and in1mediately after the relevant State that is the subject f a cuntry

7 reprt by a Special Prcedures mandate hlder during the Cuncil's interactive dialgue with the latter. specific seating rights; relaxing limitatins n speaking rights; speaking precedence ver NGO's in issues cncernmg Indigenus Peples And/r: The mdalities fr partjnpatin shuld nt fall belw that f ECOSOC-accredited NGOs. Recgnitin/ selectin Mechanism A new bdy f experts appinted by states and indigenus peples t recgnize indigenus peples' representative institutins majrity Indigenus?; r majrity states?; r equal numbers findigenus and states?; and/r selectin prcesses like selectin fr the members f the Permanent Frum n Indigenus Issues; and/r Permanent Frum n Indigenus Issues Placement either under the General Assembly r the ECOSOC but with audlority t determine eligibility f entities fr participatin als in the General Assembly. Reginal representatin wuld need t be cnsidered and the pssibility t use the seven Indigenus ge-cultural regins, rather than the five gegraphic regins usually represented at d1e UN culd be explred. The General Assembly may reserve the right t apprve d1e selectin f the Indigenus peples' institutins. Selectin criteria Institutin shuld be genuinely representative f ne r mre Indigenus peple, tribe, cmmunity r natin. 111ere needs t be criteria t determine whether an entity is a) genuinely representative; b) f ne r mre peple, tribe, cmmunity r natin that is r are in fact Indigenus. The recgnized Indigenus peples' representative institutins themselves determine n an independent basis the particular persns wh are audlorized t act n their behalf General criteria shuld be flexible fr the recgnitin/selectin bdy t develp thrugh its practice. Determinatin f whether r nt a peple, tribe, cmmunity r natin is in fact Indigenus shuld be made taking int accunt the diversity f circumstances arund the wrld, Specific factrs t be flexibly cnsidered, in accrdance with current practice within the UN system, include:

8 self-identificatin - imprtant/essential factr; and: state recgnitin (a significant but nt a determinative factr); relatinship with lands, territries and resurces; cultural distinctiveness; exercise f cllective rights; practice f self-gvernment; have entered int treaties, agreements r ther cnstructive arrangements. Current practices The distinct participatry rights f Indigenus representatives institutins wuld nt affect the established practice by which ther entities, such as NGO's with ECOSOC cnsultative status, participate in UN meetings r by which Indigenus peples, grups and individuals participate in sessins f the Expert Mechanism n the Rights f Indigenus Peples (EMRIP) and the Permanent Frum n Indigenus Issues (pfii).