The United Nations Expert Mechanism on the Rights of Indigenous Peoples has issued the following questionnaire requesting information about indigenous peoples’ strategies to implement the UN Declaration on the Rights of Indigenous Peoples. The questionnaire was prepared at the request of the Human Rights Council in resolution 21/24 and emulates a survey that is currently being undertaken by Nation States.

At the moment, the questionnaire is available in English, French and Spanish.

Questionnaire to Indigenous Peoples

Attaining the Goals of the Declaration on the Rights of Indigenous Peoples

United Nations Expert Mechanism on the Rights of Indigenous Peoples

15 October 2012

Introduction

In Resolution 21/24 of September 2012 the Human Rights Council requested the Expert Mechanism on the Rights of Indigenous Peoples to undertake a survey to seek the views of indigenous peoples on best practices with regard to the possible appropriate measures and implementation strategies to attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples, with a view to completing a final summary of responses for presentation to the Human Rights Council at its 24th session in September 2013.

The request follows a similar questionnaire survey seeking the views of states on their best practices with regard to measures and implementation strategies from 2011-2012, which will be continued again in 2012-2013, also for submission to the Human Rights Council in September 2013.  The first summary of the state responses to the survey is available in Expert Mechanism on the Rights of Indigenous Peoples Summary of responses from the questionnaire seeking the views of States on best practices regarding possible appropriate measures and implementation strategies in order to attain the goals of the United Nations Declaration on the Rights of Indigenous Peoples and available online at http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/ExpertMechanismDocumentation.aspx.  State responses are also available online at: http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/QuestionnaireDeclaration.aspx.

The questionnaire seeking the views of indigenous peoples on measures and implementation strategies to attain the goals of the Declaration is set out below.  It is deliberately designed to emulate, as much as possible, the questionnaire to states so to facilitate easy comparison in responses and generate ideas for partnerships between states and indigenous peoples for implementation of the Declaration.

The responses of indigenous peoples to the questionnaire will be made available on the website of the Expert Mechanism on the Rights of Indigenous Peoples unless permission to post online the response is denied.  As indicated above, they will also be collated into a summary of responses, which will be presented to the Human Rights Council at its 24th session in September 2013.

The Expert Mechanism would appreciate receiving your response by 18 February 2013 in order to collate the responses in preparation for, and discussion during, the Expert Mechanism’s sixth session in July 2013 and the Human Rights Council’s 24^th session.

Information about the Expert Mechanism is available here: http://www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx.

Questionnaire to indigenous peoples

In relation to each question, please take into account, and provide information in relation to, indigenous peoples’ rights in relation to:

• self-determination and autonomy
• participation in decision making, including obligations to seek to obtain indigenous peoples’ free, prior and informed consent
• Culture and languages
• Non-discrimination and equality
• Lands, territories and resources
• Treaties, agreements and other constructive arrangements with states

References to the Declaration are to the United Nations Declaration on the Rights of Indigenous Peoples.

Measures and Implementation Strategies

1. Do you have an overarching implementation strategy to attain the goals of the Declaration?

If yes:

• please provide details about the implementation strategy
• has the strategy been successful in attaining the goals of the Declaration?
• were indigenous individuals, in particular your citizens or members, included in the processes undertaken to establish the implementation strategy?

If not:

• please explain plans to develop and establish an implementation strategy, including whether indigenous individuals, in particular your citizens or members, will be consulted on these measures; or
• if there are no plans to establish an implementation strategy, please explain why not

1. Have you adopted any specific legal, policy or other measures especially to implement any or all rights in the Declaration?

If yes:

• please provide detail about the measures adopted to implement the Declaration with reference to the specific rights in the Declaration, for example self-determination, participation in decision making, cultures and languages, non-discrimination and equality, lands, territories and resources and treaties, agreements and other constructive arrangements with states
• is the Declaration explicitly mentioned in such measures?
• have these measures been successful in attaining the goals of the Declaration?
• were indigenous individuals, in particular your citizens or members,  included in the development of these measures?

If not:

• please explain plans to adopt measures to implement the Declaration, including whether indigenous individuals, in particular your citizens or members,  will be consulted on these measures; or
• if there are no plans to adopt measures to implement the Declaration, please explain why not

1. When devising laws, policies or other measures that affect indigenous individuals, in particular your citizens or members, is the Declaration routinely taken into account?

If yes:

• Is this in response to a law or policy making procedure that directs indigenous peoples’ institutions to take into account the Declaration?

If not:

• do you take into account the Declaration on an ad hoc basis?
• what steps, if any, are being taken to ensure indigenous peoples’ institutions take into account the Declaration?
• if there are no plans to ensure the Declaration is taken into account when devising laws, policies or other measures that affect indigenous individuals, in particular your citizens or members, why not?

1. Have you endeavoured to raise awareness about the Declaration at various levels of the community and governance to enhance the prospects of its implementation?

If yes:

• please explain the initiatives undertaken
• does this include translation of the Declaration into different languages?
• has the Declaration been disseminated widely?

If not:

• what steps, if any, are planned to raise awareness about the Declaration?
• if there are no plans to raise awareness about the Declaration, why not?

1. What are the main challenges encountered in adopting measures and implementing strategies to attain the goals of the Declaration?
2. In the light of the information provided above, what are your views on best practices regarding possible appropriate measures and implementation strategies to attain the goals of the Declaration?

Please also consider and, if relevant, comment on the role that can be played by international institutions, including the Expert Mechanism on the Rights of Indigenous Peoples, to assist indigenous peoples in adopting measures and implementation strategies to attain the goals of the Declaration