EMRIP16: Item 5 – Interactive Dialogue with the Expert Mechanism on the Right to Development
16th session of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
17th to 21st July 2023, Geneva, Switzerland
Joint Statement on
Agenda Item 5: Interactive Dialogue with the Expert Mechanism on the Right to Development
On behalf of Asia Indigenous Peoples Caucus
Presented by: Gam A. Shimray, Asia Indigenous Peoples Pact (AIPP)
Dear Mr. Chair,
We appreciate the Expert Mechanisms on the Rights on Indigenous Peoples and Expert Mechanism on the Right to Development (EMRTD) continuing effort to dialogue for synergies and cooperation between the two Expert Mechanisms.
Article 23 and 32 of the UNDRIP have specific provisions on rights of Indigenous Peoples to development. Although some initiative to recognize and institutionalize the right to development of Indigenous Peoples have taken place, there is no full and effective implementation of those rights that are already recognized. Rights recognized are still controlled and limited by the States. Therefore, there is a need to emphasize to look into the continuation of the historical legacies and the negative impact of imposed colonial legal, political and cultural structures upon Indigenous Peoples.
The realization of the right to development is hindered by socio-cultural political, economic, institutional, and geographical challenges. In Asia, the non-recognition of Indigenous Peoples plays a major barrier in the realization of their right to development.
The right to development framework, which is rooted in the principles of international cooperation, transparency, non-discrimination, self-determination, participation and accountability, can help ensure that the human rights of Indigenous Peoples are not negatively affected by development efforts.
In this context we would like to provide our recommendations to the EMRIP and EMRTD:
- To require the States to ensure that broader development processes do not adversely affect Indigenous Peoples’ rights and fundamental freedoms particularly their self-determined development. Fulfilling the right to development for Indigenous Peoples will require increased attention to both development outcomes and processes.
- To require States to ensure that Indigenous Peoples and persons are equipped to act as empowered agents of their own development by seeking their free, prior and informed consent before implementing development projects that will affect their interests in line with the UNDRIP.
- To require States to ensure that the benefits of development efforts are equitably distributed, targeted development efforts toward reducing inequalities and monitor the achievement of the SDGs for all persons, particularly the most vulnerable, through the collection of disaggregated data.