Skip to main content

Appendix 2: International mechanisms addressing Indigenous peoples’ human rights 2012–13

Overview

There have been a number of developments at the international level during the reporting period from 1 July 2012 to 30 June 2013 (Reporting Period). Some of these developments have included specific engagement by Aboriginal and Torres Strait Islander peoples, while others have addressed issues that affect the lives of Aboriginal and Torres Strait Islander peoples.

These include:

  • the fifth session of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
  • the twelfth session of the United Nations Permanent Forum on Indigenous Issues (UNPFII)
  • preparatory meetings for the World Conference on Indigenous Peoples 2014 (WCIP 14)
  • the World Intellectual Property Organisation (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.

International Engagement

During the Reporting Period, the above fora were prioritised by the Indigenous Peoples Organisations Network of Australia (IPO Network)[1] for the attendance of Aboriginal and Torres Strait Islander peoples by financially supporting the attendance of IPO Network members at these meetings.[2] Individuals and organisations participating in the IPO Network also provided input into the fifty seventh session on the Commission on the Status of Women.

In my role as the Aboriginal and Torres Strait Islander Social Justice Commissioner, I attended the preparatory meetings for the WCIP 14 and my office contributed to the Commission’s work at the EMRIP and the UNPFII.

The following is an update on the level of engagement by Aboriginal and Torres Strait Islander people at some of these international fora.

Expert Mechanism on the Rights of Indigenous Peoples

The fifth session of EMRIP was held in Geneva in July 2012. The EMRIP provides thematic expertise to the major human rights body of the United Nations (UN), the Human Rights Council. As one of the two Indigenous specific forums of the UN, the EMRIP has a standing agenda item on the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration).

As Social Justice Commissioner, I provided statements to the EMRIP addressing:

  • The Declaration and encouraging its implementation and advocating for reporting mechanisms to be included as part of the Universal Periodic Review Process.[3]
  • The role that National Human Rights Institutes can play at WCIP 14.[4] This was a joint statement between the Australian Human Rights Commission and the New Zealand Human Rights Commission.
  • The role of languages and culture in the promotion and protection of the rights and identity of Indigenous peoples.[5]

The IPO Network also submitted statements on the above agenda items. I endorsed the statement by the IPO Network on the right to participate in decision-making.[6] This statement by the IPO Network:

  • explored the history of Aboriginal and Torres Strait Islander peoples and extractive industries
  • stressed the importance of the right to free, prior and informed consent
  • referred to the ‘three pillars’ of the Guiding Principles on Business and Human Rights[7] as they relate to Indigenous peoples and the right to participate in decision-making.

United Nations Permanent Forum on Indigenous Issues

The twelfth session of the UNPFII was held in New York in May 2013. The UNPFII provides an opportunity for permanent, high-level representation of Indigenous peoples at the UN and reports directly to the Economic and Social Council. Like the EMRIP, it also has a standing agenda item on the Declaration.

The twelfth session was a review year and addressed recommendations from the following themes:

  • health
  • education
  • culture
  • implementation of the Declaration.

The IPO Network submitted several interventions across those agenda items including:

  • education[8]
  • culture[9]
  • health[10]
  • implementation of the Declaration[11]
  • World Conference on Indigenous Peoples[12]
  • future work of the UNPFII[13]
  • interactive dialogue with the Special Rapporteur.[14]

In the months leading up to the UNPFII, a Joint Statement on the Implementation of the Declaration was negotiated with the Australian Government. The statement was supported by the National Congress of Australia’s First Peoples (Congress) and outlined the Government’s commitment to working with the Commission and Congress on a national strategy to increase awareness of and encourage dialogue about the Declaration. This included support for embedding the Declaration in how business is done in terms of policy development, program implementation and service delivery.[15]

World Intellectual Property Organisation

The right to the protection of traditional knowledge is well founded in international law.[16] Since 2001, WIPO has been developing international instruments for the protection of traditional knowledge and traditional cultural expressions against misappropriation and misuse. WIPO delegates on the Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore met throughout the Reporting Period to continue discussions regarding drafts of an international treaty on the protection of:

  • traditional cultural expression
  • genetic resources
  • traditional knowledge.[17]

Members of the IPO Network attended the twenty fourth session of the WIPO IGC, held in Geneva in April 2013 and the twenty fifth session of the WIPO IGC also held in Geneva in July 2013. The theme of the twenty fifth session of the WIPO IGC was Intellectual Property and Genetic Resources, and Traditional Knowledge and Folklore. Participation by Aboriginal and Torres Strait Islander delegates ensured that the draft articles of the treaty document reflected the perspectives of Indigenous peoples, in particular, our rights to protect, control, maintain and develop our intellectual property over traditional knowledge. [18]

World Conference on Indigenous Peoples

On 21 December 2010, the UN General Assembly agreed to organise a High-Level Plenary Meeting of the General Assembly, to be known as the World Conference on Indigenous Peoples (WCIP 14) in order to:

  • share perspectives and best practices on the realisation of the rights of Indigenous peoples
  • pursue the objectives of the Declaration
  • invite the President of the General Assembly to conduct open-ended consultations with member states and with Indigenous peoples’ representatives in the framework of the UNPFII, the EMRIP and the Special Rapporteur on the rights of indigenous peoples to determine the modalities for this meeting, including Indigenous peoples’ participation at the WCIP.[19]

The WCIP 14 will result in an action orientated outcome document based on consultation with member states and Indigenous peoples.[20] A high-level plenary session differs significantly from an event designated by the UN as a world conference, including the level financial support, prominence of the event and the number of representatives able to attend. Indigenous peoples have successfully lobbied to expand the high-level plenary session to include more involvement, input and representation of Indigenous peoples in the proceedings.[21]

Pacific Preparatory Meeting

To prepare for the WCIP 14, Indigenous peoples worldwide met in the seven global geo-political regions, including the women’s and youth caucus to identify issues of concern and discuss strategies to realising our rights outlined in the Declaration.[22]

The purpose of the preparatory meetings was to draft regional and caucus outcome documents and declarations to present recommendations from each region at the Indigenous Global Preparatory Meeting held in Alta, Norway in June 2013.

Congress and the New South Wales Aboriginal Lands Council (NSWALC) co-hosted the Preparatory Meeting for Pacific Indigenous Peoples in Redfern from 19-21 March 2013.[23] The Pacific Preparatory Meeting identified the following themes within The Pacific Declaration:

  • review of involvement by Indigenous peoples in the UN system
  • the first and second decade of Indigenous peoples
  • organisation of the WCIP 14
  • health
  • justice
  • violence against women
  • self-determination, decision-making and free, prior and informed consent
  • lands, territories and resources
  • education
  • climate change
  • decolonisation
  • equality and non-discrimination
  • oceans
  • the Declaration and an Optional Protocol
  • respecting and protecting cultural heritage
  • treaties, agreement and other constructive arrangements.[24]

Recommendations from The Pacific Declaration were then considered at the Global Preparatory Meeting.

Indigenous Global Preparatory Meeting

In June 2013, the Sami Parliament hosted representatives of Indigenous peoples worldwide at an international preparatory conference in Alta, Norway. This meeting aimed to strengthen mutual cooperation, and identify and coordinate important problems and issues affecting the world’s Indigenous peoples and their human rights ahead of the WCIP 14.[25] The Alta Outcome Document was adopted as a global platform for Indigenous peoples to take to the WCIP 14.[26]

I attended the preparatory conference in Alta, Norway along with other Aboriginal and Torres Strait Islander delegates and observers, which included members of the IPO Network. Aboriginal and Torres Strait Islander delegates presented on the themes and recommendations of The Pacific Declaration and worked with other Indigenous delegates from around the world to draft and adopt the Alta Outcome Document. The Alta Outcome Document developed collective proposals and recommendations and is now the main tool for our contribution to the WCIP 14.[27] In my role as Social Justice Commissioner, I will continue to engage in the processes leading in to the WCIP 14 and report further on the outcomes in next year’s Social Justice and Native Title Report.


[1] The IPO Network is a broad coalition of Aboriginal and Torres Strait Islander organisations and individuals who are involved in the advocacy and protection of Indigenous rights and fundamental freedoms at an international and national level.
[2] The IPO Network received funding from the former Department of Families, Housing, Community Services and Indigenous Affairs until 30 June 2013. The Australian Human Rights Commission administered the funds to support the participation and engagement of Aboriginal and Torres Strait Islander Peoples at relevant international fora.
[3] M Gooda, Statement by the Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda Australian Human Rights Commission on Agenda Item 6: United Nations Declaration on the Rights of Indigenous Peoples (Delivered at the fifth session of the Expert Mechanism on the Rights of Indigenous Peoples, Geneva, 9-13 July 2012). At http://www.hreoc.gov.au/social_justice/international_docs/2012_EMRIP_item6.html (viewed 6 September 2013).
[4]M Gooda and K Johansen, Joint Statement by the Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda and Human Rights Commissioner, New Zealand Human Rights Commission, Karen Johansen on Item 3: World Conference on Indigenous Peoples (Delivered at the fifth session of the Expert Mechanism on the Rights of Indigenous Peoples, Geneva, 9-13 July 2012). At http://www.humanrights.gov.au/australian-human-rights-commission-expert-mechanism-rights-indigenous-peoples-0 (viewed 21 October 2013).
[5] M Gooda, Statement by the Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda on Item 5: Study on the role of languages and culture in the promotion and protection of the rights and identity of indigenous peoples (Delivered at the fifth session of the Expert Mechanism on the Rights of Indigenous Peoples, 9-13 July 2012). At http://www.humanrights.gov.au/statement-gugu-badhun-limited-behalf-indigenous-peoples-organisations-network-australia-0 (viewed 6 September 2012).
[6] B Wyatt, Statement by the Indigenous peoples Organisation Network on Agenda Item 4: Follow-up report on Indigenous peoples and the right to participate in decision-making, with a focus on extractive industries (Delivered at the fifth session of the Expert Mechanism on the Rights of Indigenous Peoples, 9-13 July 2012). At http://www.humanrights.gov.au/statement-national-native-title-council-behalf-indigenous-peoples-organisations-network-australia (viewed 21 October 2013).
[7] J Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, UN Doc A/HRC/17/31 (2011). At www.ohchr.org/Documents/Issues/Business/A-HRC-17-31_AEV.pdf (viewed 29 August 2013).
[8] B Robertson, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item 3b: Education (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[9] T Goreng, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item 3c: Culture (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[10] NACCHO, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item 3a: Health Equality (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[11] B Robertson, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item 7: Implementation of the Declaration on the Rights of Indigenous Peoples (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[12] K Gray, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item 6: Discussion on the World Conference on Indigenous Peoples (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[13] N Gorrie, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item 8: Future Work (Delivered at the Twelfth Session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[14] B Wyatt, Joint Statement by the Indigenous Peoples Organisations Network of Australia on Agenda Item Agenda 7b: Interactive Dialogue Special Rapporteur (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013).
[15]M Doherty and J Bedford, Joint Statement by the Australian Government and the Australian Human Rights Commission on Agenda Item 7: Implementing the Declaration (Delivered at the twelfth session of the United Nations Permanent Forum on Indigenous Issues, New York, 20-31 May 2013.)
[16] United Nations Declaration on the Rights of Indigenous Peoples, 2007, arts 11 and 31; International Covenant on Economic, Social and Cultural Rights, 1966, art 15(1)(c); International Covenant on Civil and Political Rights, 1966, art 27: Convention on Biological Diversity, 1992, art 8(j). Further analysis available in T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Native Title Report 2008, Australian Human Rights Commission (2009), ch 7. At http://www.humanrights.gov.au/social_justice/nt_report/ntreport08/index.html (viewed 11 October 2012).
[17] WIPO, Conferences, meetings and seminars. At http://www.wipo.int/meetings/en/topic.jsp?group_id=110 (viewed 22 October 2013).
[18] Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, Report on the twenty fourth session, UN Doc WIPO/GRTKF/IC/24/8 (2013), p 8. At http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=243383 (viewed 22 October 2013).
[19] Indigenous issues, GA Resolution 65/198, UN Doc A/RES/65/198 (2010).
[20] United Nations World Conference on Indigenous Peoples: A High-Level Plenary Meeting of the General Assembly, Background. At http://wcip2014.org/background (viewed 10 October 2013).
[21] Aotearoa Indigenous Rights Trust, Asia Indigenous Peoples Pact and the Sámi Parliament of Norway, Concept paper for the World Conference on Indigenous Peoples 2014 (2011), p 4. At http://wcip2014.org/wp-content/uploads/2013/02/20110728-Concept_paper_for_the_World_Conference_on_Indigenous_Peoples_2014.pdf (viewed 21 October 2013).
[22] United Nations World Conference on Indigenous Peoples: A High-Level Plenary Meeting of the General Assembly, Preparatory Process. At http://wcip2014.org/background/prepratory-process (viewed 10 October 2013).
[23] Preparatory Meeting for Pacific Indigenous Peoples on the World Conference on Indigenous Peoples 2014 Redfern, The Pacific Declaration (2013), p 1. At http://wcip2014.org/regions-caucuses/pacific (viewed 10 October 2013).
[24] Preparatory Meeting for Pacific Indigenous Peoples on the World Conference on Indigenous Peoples 2014 Redfern, The Pacific Declaration (2013). At http://wcip2014.org/regions-caucuses/pacific (viewed 10 October 2013).
[25] United Nations World Conference on Indigenous Peoples: A High-Level Plenary Meeting of the General Assembly, Meetings. At http://wcip2014.org/world-prep-comm-june-2013 (viewed 11 October 2013).
[26] United Nations World Conference on Indigenous Peoples: A High-Level Plenary Meeting of the General Assembly, Preparatory Process. At http://wcip2014.org/background/prepratory-process (viewed 11 October 2013).
[27] Global Indigenous Preparatory Conference for the United Nations High Level Plenary Meeting of the General Assembly to be known as the World Conference on Indigenous Peoples 10-12 June 2013, Alta Outcome Document (2013). At http://wcip2014.org/wp-content/uploads/2013/06/Draft-Alta-outcome-document-clean-copy-for-dissemination-ENG.pdf (viewed 11 October 2013).