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EMRIP17: Item 8 – Panel discussion on the rights of Indigenous Peoples in post-conflict situations and peace negotiations, agreements, and accords by Alexyss Mcclellan

Agenda Item 8-Asia Caucus Statement Alexyss Mcclellan

17th Session of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
8th to 12th July 2024, UN, Geneva
Joint Statement on
Agenda Item 8: Panel discussion on the rights of Indigenous Peoples in post-conflict situations and peace negotiations, agreements, and accords
By Alexyss Mcclellan – Ufugusuku on behalf of Asia Indigenous Peoples Caucus

Accountability, truth, recovery, reparations, institutional reform and reconciliation have been recognised as the five key pillars to address societies that have gone through a process of ethno- political conflict to address the loss of trust, inter- generational transmission of trauma and grievances, negative interdependence and polarisation. Nevertheless, the impact on indigenous peoples from historical injustices, often without redress or reconciliation, was a major reason for their continued marginalization.

Indigenous Peoples have historically resisted the hegemonic cultures that obstruct Indigenous Peoples ways of understanding and practicing the administration of justice. In the context of the SDG the Indigenous People have been advocating on how exercise of the right to self-governance of indigenous peoples can lead to peace and justice and inclusive societies. Failure to ensure lasting peace as well as justice and accountability within inclusive State structures and societies in general is one of the main causes as well as results of conflicts and violence. The need for both retributive and restorative justice has been recognized as a precondition to comes to terms with the past and in building a shared peaceful future relationship.

In Asia, number of peace accords had been agreed between Governments and indigenous peoples. However, implementation often lagged, and many issues remained unresolved. Some recent examples of recognition, reparation and reconciliation initiatives that specifically dealt/ deal with the rights of indigenous peoples in Asia include the following: a) Chittagong Hill Tracts (CHT) Accord (1997) and following legislative processes in Bangladesh, b) Naga Peace Accord (2015) and ongoing peace talks with Naga and other groups in Northeast India c) National Ceasefire Agreement (2015), d) Apology of Taiwan’s President to indigenous peoples (2016) and subsequent measures in Taiwan Other relevant measures/processes include the promulgation of the Constitution of Nepal (2015), the recognition of Ainu people for the first time as “an indigenous group”, and the ongoing federalism discourse in the Philippines.

We the Asia Indigenous Caucus would like to recommend the following

➢ Call on the states to implement in full spirit the existing peace agreements, accords and other agreements between the Indigenous Peoples and member states.

➢ That governments in Asia recognize Indigenous peoples and their rights within national frameworks. ➢ The UN Security Council, The UN Peace keeping offices to address protracted conflicts in the region under the peace and security agenda

➢ The EMRIP conducts a follow up study on the issue of conflict, post conflict situations, peace negotiations, peace accords and other agreements.

➢ The EMRIP pay special attention to Article 30 of the UNDRIP when addressing the Declaration’s effectiveness.

➢ The Human Rights Council to conduct a panel discussion on the issue of agenda item 8 and come up with concrete recommendations.

➢ To the UN mandated bodies to set up a monitoring mechanism to monitor the implementation of peace agreements, post conflict reconstruction agreements, peace accord and other post conflict situations

Click here to download the full statement EMRIP17  Item 8 by Alexyss