Mr. President,
The European Union wishes to thank Professor James Anaya for his second annual report and the presentation today.
Mr. Special Rapporteur,
You have decided to focus your report on the duty of States to consult with indigenous peoples on matters affecting them, as well as the relationship between your mandate and other UN mechanisms dealing with indigenous issues.
We share your view that close cooperation with other UN mechanisms, notably the Permanent Forum and the Expert Mechanism, constitute a fundamental aspect of your mandate. It is equally important to avoid any duplication of work among these bodies. In this respect, you point out in your report that mandates of the Special Rapporteur, the Permanent Forum and the Expert Mechanism overlap to a certain extent and some of their activities could be structured more effectively.You notice further a confusion among indigenous groups, NGOs and other stakeholders about the roles and functions of these mechanisms.
In this regard, we would like to ask you the following questions:
What steps should be taken to enhance cooperation among these mechanisms, particularly with a view of preventing duplication of activities and better division of work?
How to improve a better understanding of roles and functions of these mechanisms among all stakeholders, in particular indigenous groups?
As for the duty of States to consult with indigenous peoples, you emphasize in your report that the article 19 of the Declaration should not be regarded, as a general “veto power” over decisions that may affect indigenous peoples, but rather as an obligation to establish consent. You stress that the key issue regarding consultations with indigenous peoples is to focus on establishing relevant procedures and to make efforts to achieve consent from all engaged sides. In this context, you underline a need to create a climate of confidence, particularly from the side of indigenous peoples.
You also note that indigenous peoples may need to revise their own institutions by setting up representative structures to facilitate consultation processes. You further note that the failure of indigenous groups to clarify their representative structure can confuse and slow down the consultation process. In this respect, the functioning of indigenous institutions should be in accordance with international human rights standards.
We would like to ask you the following questions:
What kind of confidence-building measures would you recommend to be introduced in order to build a climate of confidence?What pragmatic steps can be made, from your point of view, to overcome the challenges regarding the indigenous representation in the consultation process?
Finally, the EU would like to express its’ support for your work on identifying and promoting good practices, especially by offering technical and advisory assistance to the interested states and other stakeholders.The European Union would like to wish you all the best in fulfilling your important and complex mandate.
Thank you, Mr. President.