Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation • The Expert Mechanism on the Rights of Indigenous Peoples19 was established in 2007 to provide the Human Rights Council with thematic advice on the rights of indigenous peoples. The Expert Mechanism provides its expertise mainly in the form of studies and advice on specific issues pertaining to indigenous peoples’ rights. To date, it has worked on studies relating to the rights of indigenous peoples to education; the right to participate in decision-making; the role of languages and culture in the promotion and protection of the rights and identity of indigenous peoples; and indigenous peoples’ access to justice.20 • The Special Rapporteur on the right of indigenous peoples21 was established by the Commission on Human Rights (now the Human Rights Council) in 2001. The Special Rapporteur has the mandate to, inter alia, examine ways and means of overcoming existing obstacles to the full and effective protection of the human rights of indigenous peoples; to identify, exchange and promote best practice; and to gather, request, receive and exchange information and communications from all relevant sources on alleged violations of their human rights and fundamental freedoms and to formulate recommendations and proposals on appropriate measures and activities to prevent and remedy violations. The three mandates can be seen as complementary. They meet annually to coordinate their activities and share information. In addition to mechanisms specific to indigenous peoples’ rights, a number of treaty-monitoring bodies play an important role in advancing the rights of indigenous peoples. For example, the Human Rights Committee (which monitors implementation of the International Covenant on Civil and Political Rights), the Committee on the Elimination of Racial Discrimination (which monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination), the Committee on the Rights of the Child (which monitors implementation of the Convention on the Rights of the Child) and the Committee on Economic, Social and Cultural Rights (which monitors implementation of the International Covenant on Economic, Social and Cultural Rights) developed a body of jurisprudence on the rights of indigenous peoples before the adoption of the Declaration. Finally, the universal periodic review (UPR), in which all United Nations Member States are reviewed by the Human Rights Council for the performance of their human rights obligations and commitments, is becoming increasingly concerned with indigenous issues. Actions that NHRIs can undertake to advance the Declaration through interacting and leveraging off these mechanisms and procedures are considered in Part III of this Manual. The adoption of the Declaration by the General Assembly on 13 September 2007 marks the culmination of more than two decades of negotiations involving States and indigenous peoples. It is the most comprehensive international instrument on the rights of indigenous peoples. It gives prominence to collective rights to a degree unprecedented in international human rights law; it establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples of the world; and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples. The importance of the recognition of the rights of indigenous peoples by the General Assembly cannot be underestimated. Chief Willton Littlechild, current member and Chairperson-Rapporteur of the Expert Mechanism, captures this sentiment: 19 Human Rights Council resolution 6/36. 20 See www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx. 21 Commission on Human Rights resolution 2001/57. The mandate was continued by the Human Rights Council and, in its resolution 15/14, the title of “Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people” was modified to “Special Rapporteur on the rights of indigenous peoples”. Chapter 1: Background to the Declaration | 5