EMRIP11: Statement of Asia Indigenous Peoples Pact and Asia Indigenous Peoples Caucus on Agenda Item 10: Future work of the Expert Mechanism, including focus of future thematic studies

11^th Session of the Expert Mechanism on the Rights of Indigenous Peoples
9 – 13 July 2018
Agenda Item 10: Future work of the Expert Mechanism, including focus of future thematic studies
Statement of Asia Indigenous Peoples Pact and Asia Indigenous Peoples Caucus
Presented by: Abhay Minz Sagar of Jharkhand Indigenous and Tribal peoples for Action

On behalf of the Asia Caucus, we would like to put forward the recommendations within particular subjects that is related to this Agenda Item.

Re follow-up of work:

Political will of Member-States is a crucial first step, which, if and when it is done, is welcome and highly appreciated.  However, it would require a follow through by allocating dedicated resources to continue and strengthen specific laws, policies, and programmes to provide sustainable impact to indigenous peoples’ lives.  With this, we would like to recommend the EMRIP to consider including in their advise that allocation of dedicated resources by governments to programmes and plans are significant for the operationalization of the these programmes.

A specific example, among others, would be in Nepal where mother-tongue based education, has been proven to be effective in promoting indigenous languages but it was highly dependent on foreign aid and the government lacks political will and unable or unwilling to provide resources to continue and strengthen this programme in Nepal.

Further, we reiterate our earlier recommendation regarding developing their advise in cognizance of the factors and conditions, which make these good practices work, and to remind our appreciation to the Expert Member re their acknowledgement of the previous recommendation regarding comparable trends and regional and/or sub-regional analysis, whichever is most feasible.  This is also in line with the point raised in Day 2 of the Expert Member re differences of particular approach of Member-States in different region.

Re methods of work, including in the design of the EMRIP Session:

We recognise that due to limitation of time and to number of indigenous peoples wanting to have their issues heard and raised, time is a scarce source.  As such, we would like to respectfully recommend that sharing of the limited time resource shared by all, i.e. strict limitation of time should be applied to all stakeholders: indigenous peoples, CSOs/NGOs, State representatives and UN representatives.  Further, we also recommend the possibility of finding the balance between a sincere interactive dialogue with indigenous peoples and panellists, and not limit the dialogue to panellists and the Expert Members and indigenous peoples are reduced to mere spectators.  Also, to find the balance of allocating time for the procedural discussion and thematic agenda.

Further, we also recommend the Expert Member to provide a suggested guideline in their call for inputs in the annual study of the EMRIP.  This would be very helpful in ensuring our submission is more in line with the expectations of the Expert Member.

Re future thematic studies:

To reiterate, the recommendation mentioned above, we recommend the future work to update and consider contexts of these good practices and lessons learned review.  But specifically, we recommend the Expert Members to complement the work of the UN Special Rapporteur on the Rights of Indigenous Peoples on criminisalisation and dedicate a specific study to review overlapping or contradictory laws, policies and programmes that exacerbates the criminalisation of indigenous peoples.

Click here to download full statement.