15 December 2016: UN Member States and Indigenous peoples’ representatives and institutions discussed ways to enable the participation of Indigenous peoples’ representatives and institutions in meetings of UN bodies on issues affecting them. The informal consultation, the first in a series of four scheduled consultations, addressed venues of participation, participation modalities, recognition and selection mechanisms, and selection criteria.

The meeting took place from 14-15 December 2016, at UN Headquarters in New York, US. Participants commended on the relevant sections of an elements paper that had been circulated in July 2016 as part of a process mandated by the UN General Assembly (UNGA), in resolution 70/232 of 23 December 2015.

On venues of participation, the elements paper suggests options that include participation by Indigenous peoples’ representative and institutions: the UNGA and, as appropriate, its subsidiary bodies; specific meetings of the UNGA and its subsidiary bodies (e.g. the UNGA Third Committee dialogue with the Special Rapporteur on Rights of Indigenous Peoples); in UN conferences convened by the UNGA; in meetings of the UN Human Rights Council (HRC) that are focused on rights of Indigenous peoples; in session of the UN Economic and Social Council (ECOSOC) and its subsidiary bodies that focus on rights of Indigenous peoples; and in UN programmes, funds and specialized agencies.

New Zealand supported the participation of Indigenous peoples’ representatives in the UNGA Third Committee and relevant ECOSOC subsidiary bodies, as well as in the Commission on the Status of Women (CSW), but expressed reservation with regards to the use of the word “institutions” given the diversity of indigenous structures. Russia, supported by China and Indonesia, noted that there are two venues for indigenous participation, namely the expert mechanism on the rights of indigenous peoples under the HRC and the Permanent Forum on Indigenous Issues (PFII). They stressed the need to first improve those rather than create new participation mechanisms in new venues, and called for “full respect” of UNGA rules of procedure in order to maintain its intergovernmental nature. India noted that the participation of Indigenous peoples should not be restricted to Indigenous peoples’ institutions; individuals and groups also should have the possibility to participate. He favored strengthening current mechanisms and, supported by Chile, proposed a step-by-step approach to doing so. Many civil society and Indigenous peoples’ representatives called for Indigenous peoples to be granted UNGA Observer status and said they should be allowed to participate in all UN meetings, not only in those dealing with their rights.

On participation modalities, the elements paper suggests several options: a set number of speaking spots for accredited observer Indigenous peoples’ institutions in different venues/conferences; tailoring UNGA separate observer status specifically to Indigenous peoples’ representative institutions, such as through a set number of speaking spots for accredited institutions, and the right to make written submissions; the right to make written submissions and make oral statements in the HRC; or relaxing limitations on speaking rights.

Many Indigenous peoples’ representatives and institutions expressed support for the latter proposal, further stressing the need for technical and financial support for their participation. The US expressed support for having a new UNGA observer category tailored specifically for indigenous peoples. She suggested setting a new set of participation procedures and criteria, based on the existing ones for the PFII, in particular with regards to governing bodies of institutions, which could include providing written inputs and oral statements, but not being granted the right to vote on resolutions and participating in intergovernmental negotiations. The EU, supported by Mexico, said existing rules of procedure for NGOs with ECOSOC consultative status could be used as guidance, even if they have a separate category. Argentina, supported by Australia and Canada, highlighted that a new category should not be “lower” than that of NGOs, and said it can be tailored to the each relevant UN forum. Australia, supported by Canada, favored establishing a set number of speaking slots for Indigenous peoples’ representatives, and said they should speak before NGOs. Russia called for respecting existing rules of procedure. China opposed creating a new Observer category for Indigenous peoples’ representatives and institutions.

The elements paper proposes establishing a body of experts to recognize Indigenous peoples’ institutions, possibly using the seven indigenous geo-cultural regions rather than the UN’s five geographic regions.

On mechanisms of recognition or selection, the elements paper proposes establishing a body of experts appointed by Member States and Indigenous peoples to recognize representative institutions, placed under either UNGA or the ECOSOC but with authority to determine eligibility of entities for participation also in UNGA, possibly using the seven indigenous geo-cultural regions, rather than the UN’s five geographic regions. Australia, supported by New Zealand and the US, said the ECOSOC NGO accreditation committee is not the appropriate body for the recognition and selection mechanism, and, supported by Argentina, added that both Indigenous peoples’ representatives and Member States should be part of the new mechanism. The EU highlighted the importance of respecting the sovereign right of states to their territorial integrity when designing this mechanism, which should use the existing capacities of the PFII Secretariat. Argentina, supported by the US, favored creating a new body. Russia said the principle of self-identification cannot be accepted and, supported by Chile, suggested using existing rules of procedure for NGOs. China stressed that the accreditation body should be composed exclusively of Member States, be created under UNGA and make decisions based on consensus, on a non-objection basis, to which the US, Canada and others opposed. Indigenous peoples’ representatives and institutions specified that the selection mechanism should apply solely to Indigenous peoples, not to ethnic or linguistic groups that are not recognized as indigenous. Many stressed the need for a new body under the UNGA, and for clearly differentiating between NGOs and Indigenous peoples’ representatives and institutions.

On selection criteria, the elements paper notes that the institution should be genuinely representative of one or more Indigenous peoples, tribes, communities or nations, and that the determination of whether or not a people, tribe, community or nation is in fact indigenous should take into account the diversity of circumstances around the world. The EU recommended using the PFII’s criteria as guidance. Canada, supported by the US, also favored using existing criteria, and noted that the criteria of self-identification is essential, while state recognition cannot be a fundamental criteria. Russia, supported by China, spoke against changing the current criteria for Indigenous people’s participation, noting a lack of agreement on the definition of Indigenous peoples and numerous ethnic tensions around the world. India stressed the need for an agreed intergovernmental definition on “indigenous” before discussing criteria, which he said should be balanced between self-identification and state recognition. China underlined that only state recognition should be used as criteria. Some Indigenous peoples’ representatives and institutions said state recognition should not be required.

The next consultation on Indigenous peoples’ participation at the UN is planned for 30 January-1 February 2017, with the specific focus still to be announced.

By resolution 70/232, the Assembly requested the UNGA President to conduct consultations with Member States, Indigenous peoples’ representatives and institutions, and existing UN relevant mechanisms, on the possible measures necessary to enable their participation in meetings of relevant UN bodies on issues affecting them. The resolution also requested the UNGA President to prepare a compilation of the views presented during the consultations, including good practices within the UN regarding indigenous peoples’ participation, which would form the basis for a draft text to be finalized and adopted by the UNGA during its 71st session. The compilation was circulated by the UNGA President on 25 July 2016. [Elements Paper] [Meeting Webcast] [Consultation Process Webpage]