The Indigenous World 2025: Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)

Written on 25 April 2025. Posted in The Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)

The Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) is a subsidiary body of the Human Rights Council, composed of seven independent members each representing one of the seven Indigenous socio-cultural regions: Africa; Asia; the Arctic; Central and Eastern Europe, the Russian Federation, Central Asia, and Transcaucasia; Central and South America and the Caribbean; North America; and the Pacific.

Resolution 33/25, adopted by the Human Rights Council in 2016^[1] amended EMRIP’s mandate to provide expertise and advice on the rights of Indigenous Peoples, as set out in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Additionally, EMRIP assists Member States, upon request, in implementing the provisions of UNDRIP through technical assistance, dialogue facilitation, and the promotion, protection, and fulfillment of Indigenous Peoples' rights. To further the implementation of UNDRIP, EMRIP conducts thematic studies on specific rights, undertakes country engagement missions, and provides expertise to national initiatives related to Indigenous Peoples' rights.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

EMRIP's activities in 2024

Despite financial constraints, EMRIP continued its work in 2024 through its annual session and coordination meetings with other Indigenous mechanisms. The annual intersessional seminar, a key opportunity for experts and Indigenous Peoples to share relevant information, had to be canceled due to liquidity issues. However, the Asia Indigenous Peoples Pact, with financial support from the Christensen Fund, organized a meeting in Chiang Mai, Thailand, in mid-December 2024. This meeting contributed valuable input to EMRIP’s study.

17^th annual session

EMRIP held its 17^th annual session from 8-12 July 2024, featuring three panel discussions:

1. The International Decade of Indigenous Languages (2022-2032);
2. The Rights of Indigenous Peoples in Post-Conflict Situations, Peace Negotiations, Agreements, and Accords; and
3. Enhancing the Participation of Indigenous Peoples in the United Nations.

The session saw record participation, with over 600 registered attendees and 32 side events addressing a wide range of Indigenous rights issues. Contributions to the thematic report, entitled Study: Constitutions, laws, legislation, policies, judicial decisions, and other mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, were well received.

EMRIP also actively continued its cooperation with other relevant mechanisms to enhance Indigenous Peoples’ rights in accordance with the UNDRIP. EMRIP took part in the 23^rd session of the Permanent Forum on Indigenous Issues in April 2024 and engaged in the human rights dialogue with the Special Rapporteur on the rights of Indigenous Peoples, as well as an annual review of progress on the implementation of CEDAW’s general recommendation No 39 (2002) on the rights of Indigenous women and girls.^[2] EMRIP held an interactive dialogue with the Human Rights Council at its 57^th session in September 2024.^[3] EMRIP also engaged in the first and second intersessional meetings of the Human Rights Council on concrete ways to enhance the participation of Indigenous Peoples in the work of the Human Rights Council in July and October.^{[4], [5]} Jointly working with other UN Indigenous rights’ mechanisms, EMRIP contributed to an outcome document seeking to ensure that Indigenous Peoples are not conflated with local communities.^[6]

EMRIP Experts participated in several meetings, in March, July and November 2024, of the Global Task Force for Making a Decade of Action for Indigenous Languages, as advisors or members of its Steering Committee.^[7] Among other key events, EMRIP Experts engaged with: the high-level event commemorating the 10^th anniversary of the adoption of the Outcome Document of the World Conference on Indigenous Peoples;^[8] the UN Secretary General’s Panel on Critical Energy Transition Minerals to explore synergies in their work; UNESCO Expert meeting on Indigenous Peoples and the Media; the UN Biodiversity Summit (COP 16) in Cali, Colombia;^[9] a panel on “Land Rights of Indigenous Peoples in the context of large-scale land acquisition” at the 13^th UN Forum on Business and Human Rights; and the international seminar on peace processes organized by the Presidential Commission for Peace and Understanding of Chile. The Chair of EMRIP was also present at the High-Level opening of the FAO Science and Innovation Forum.^[10]

Thematic study adopted

At its 17^th session, EMRIP adopted its study entitled “Constitutions, laws, legislation, policies, judicial decisions and other mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration”. The study was submitted to the Human Rights Council at its 57^th session.^[11]

The study highlighted the legal significance of the UNDRIP in several key areas, such as the expression of Member States’ obligations to promote and respect human rights under the United Nations Charter where compliance is expected; how the UNDRIP places a moral obligation on States to act in accordance with fundamental human rights; its role as a mandatory and relevant consideration in judicial review and an aid to statutory interpretation; and its influence on the development of general principles of international laws and customary international law. The study also provided examples of recent initiatives demonstrating how Member States, in collaboration with Indigenous Peoples, could achieve the ends of the UNDRIP.

The study concludes with Expert Mechanism Advice No. 17 whereby EMRIP proposes several actions and measures for States, Indigenous Peoples and other key stakeholders. These actions include implementing constitutional and other legal reforms, as well as judicial actions to recognize and enforce the rights of Indigenous Peoples as outlined in the UNDRIP at the local level. EMRIP also recommends transforming broader legal structures in key areas and establishing monitoring bodies that can help build political momentum to advance the rights of Indigenous Peoples across society. Additionally, Indigenous Peoples are encouraged to continue strengthening their own institutional capacity and expertise regarding their rights as affirmed in the Declaration and to focus on how to enforce these rights at the national, regional and international levels, including through participation in lawmaking and legislative initiatives.

Implementation of EMRIP’s country engagement mandate

In 2024, EMRIP maintained its dialogues with requesters and Member States to advance the country engagement missions. From 6-15 March 2024, EMRIP undertook a visit to Norway, aiming to provide technical advice and guidance on the rights of Norway’s Indigenous Saami People, as requested by the Saami Council in collaboration with Saami Parliament.^[12] This was the fifth country visit undertaken by EMRIP.

The purpose of EMRIP’s country engagement with Norway was to provide technical advice and guidance regarding the interrelated rights of the Saami people, with specific focus on their rights to lands, territories and resources, and culture. This engagement aimed to assist the Saami people, their organizations, and representative institutions, as well as the State of Norway, in implementing domestic legislation, administrative measures and policies, and enforcing judicial decisions, and ensuring consistency with international human rights standards, including those affirmed in the UNDRIP. Furthermore, the advice was intended to encompass guidance on the impacts on the Saami people’s rights to lands and livelihoods, culture, and the environment, as well as measures for implementing court decisions and ensuring the implementation of the Saami people’s right to Free, Prior and Informed Consent (FPIC) in domestic legislation and policies.

During its mission, the EMRIP delegation travelled to Karasjok and Tana in the Northern Sámi area and Oslo, where it met with the requesters, government officials, representatives from Sámi communities, reindeer herders, Sea Sámi organizations, private companies, the Norwegian Human Rights Institution, NGOs, and others. The delegation also visited Fosen wind industrial area in the Southern Sámi area, as well as a planned mining site at Repparfjord in the Sea Sámi area.^[13]

Following its country visit to Australia in 2023, in April 2024 EMRIP published an advisory note on the contemporary removal of Aboriginal children in Australia.^[14] EMRIP reiterated concerns raised by other UN mechanisms that Indigenous children face a higher risk of being removed from their families and placed in alternative care facilities that are not culturally appropriate and engender the risks of abuse. This also has prolonged impacts of intergenerational trauma on Indigenous children. EMRIP advised the Government of Australia to implement relevant measures to further the self-determination of Indigenous Peoples, combat forced assimilation and discrimination, and protect children from being deprived of a family environment.^[15]

Building relationships with other mechanisms

In paragraph 10 of its resolution 33/25, the Human Rights Council decided that, within its mandate, EMRIP should coordinate its work and further strengthen its participation, engagement and cooperation, as appropriate, with other Indigenous rights mechanisms.^[16] During its 17^th session, EMRIP had both an interactive dialogue and a closed coordination meeting with the UN Permanent Forum on Indigenous Issues and the Special Rapporteur on the rights of Indigenous Peoples, which the UN Voluntary Fund for Indigenous Peoples also joined.

International Decade of Indigenous Languages

During its 17^th session, EMRIP dedicated an agenda item to continuing the discussion on the International Decade of Indigenous Languages. It proposed that the Human Rights Council should encourage States to engage in fruitful and sustained dialogue with Indigenous Peoples, scholars, civil society, and other public and private actors in order to adopt and implement the Global Action Plan of the International Decade of Indigenous Languages,^[17] taking into account the broad spectrum of human rights implicated in the promotion and fulfilment of Indigenous Peoples’ language right. It was noted that special focus should be placed on the synchronization of those mechanisms with the aim of converting the constitutional recognition of Indigenous Peoples’ languages into practical support to language communities, including language planning, appropriate funding for community-led activities, documentation, revitalization and education.

EMRIP also proposed that UNESCO allocate funding, establish an internal mechanism composed by and of Indigenous Peoples, and hold an annual session on the achievements of the International Decade of Indigenous Languages. The Human Rights Council could also consider advancing a convention on Indigenous Peoples’ languages.

The rights of Indigenous Peoples in post-conflict situations and peace negotiations, agreements, and accords

EMRIP held a panel discussion during its 17^th session on the rights of Indigenous Peoples in post-conflict situations and peace negotiations, agreements and accords. It highlighted that peace agreements and other constructive arrangements were pivotal in resolving conflicts, and that any military use of Indigenous lands or territories by the States must undertake effective consultations and appropriate procedures.

EMRIP called upon the Human Rights Council to urge the States to include representatives of Indigenous Peoples fully in all pillars of transitional justice processes, fully implement existing peace agreements, accords and other agreements concluded between themselves and Indigenous Peoples, and engage Indigenous Peoples meaningfully as partners rather than beneficiaries in peace agreements and negotiations and any constructive arrangement processes.

EMRIP proposed that the Council encourage UN bodies, specialized agencies, and programmes to monitor conflict areas and provide capacity-building for Indigenous institutions and representatives on effective participation in national dialogues, transitional justice processes, peace negotiations, and agreements.

EMRIP also proposed that the Council urge States to end conflicts on Indigenous Peoples’ land and territories, establish appropriate arbitration mechanisms in partnership with Indigenous Peoples, and address claims regarding violations of agreements. The methods of conflict resolution should incorporate Indigenous approaches and laws and the UNDRIP, along with other international human rights law, should serve as guide for conflict resolution mechanisms.^[18]

Enhancing the participation of Indigenous Peoples in the UN

The panel discussion on enhancing the participation of Indigenous Peoples in the UN at EMRIP’s 17^th session focused on the accreditation criteria and modalities for Indigenous Peoples’ participation in the activities of the Council.

In its 2023 proposals submission to the Human Rights Council, EMRIP appreciated the Council’s decision to convene two intersessional meetings to address the issues of venues of participation, participation modalities, accreditation criteria and an accreditation mechanism, to be concluded by February 2025. EMRIP further appreciated the appointment of the State and Indigenous co-facilitators to provide assistance during the intersessional meetings on concrete ways to enhance the participation of Indigenous Peoples in the work of the Council. Finally, it encouraged the Council, based on the intersessional deliverables, to draft and adopt a resolution on enhancing the participation of Indigenous Peoples in the Council’s work.^[19]

Prospects for EMRIP’s future and continuing work

In 2025, EMRIP will be preparing a study on “Indigenous Peoples’ right to data, including data collection and disaggregation”, and a report on “The right of Indigenous Peoples to their traditional economies”. To that end, in February 2024, the University of British Columbia held a seminar on Indigenous Peoples’ right to traditional economies, sustainable development and food security in an age of climate change, in support of EMRIP’s ongoing work and its forthcoming report on the topic.

The issue of intimidation and reprisals against Indigenous human rights defenders remains an issue of concern for EMRIP, including during its 17^th session. EMRIP has strongly condemned any form of intimidation or reprisals against individuals and groups who participate in the session or cooperate with the UN in the field of human rights. EMRIP is committed to maintaining an environment of respect, dialogue, and understanding. EMRIP aims to strengthen its work in this regard, providing more information and developing some guidance.^[20]

This article was prepared by the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), Indigenous Peoples and Minorities Section, Office of the United Nations High Commissioner for Human Rights.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references

^[1] United Nations. General Assembly. Human Rights Council, Thirty-third session, Agenda item 5. 26 September 2016, A/HRC/33/L.25. https://documents.un.org/doc/undoc/ltd/g16/211/55/pdf/g1621155.pdf

^[2] UN Permanent Forum on Indigenous Issues. “Human rights dialogue with the Special Rapporteur on the rights of Indigenous Peoples and the Expert Mechanism on the Rights of Indigenous Peoples; annual review of progress on the implementation of general recommendation No. 39.” UN Web TV, 22 April 2024. https://webtv.un.org/en/asset/k1r/k1rvxl94dd

^[3] EMRIP. “Interactive Dialogue with the Expert Mechanism on the Rights of Indigenous Peoples. Opening Remarks by Valmaine Toki.” September 2024. https://www.ohchr.org/sites/default/files/documents/issues/indigenouspeoples/emrip/activities/2024-09-26-stm-EMRIP-Chair-ID-HRC-57th_0.pdf

^[4] UNHRC. “First intersessional meeting of the Human Rights Council on concrete ways to enhance the participation of Indigenous Peoples in the work of the Council.” July 2024. https://www.ohchr.org/en/hr-bodies/hrc/1st-intersessional-meeting-participation-indigenous-peoples

^[5] UNHRC. “Second intersessional meeting of the Human Rights Council on concrete ways to enhance the participation of Indigenous Peoples in the work of the Council.” October 2024. https://www.ohchr.org/en/hr-bodies/hrc/2nd-intersessional-meeting-participation-indigenous-peoples

^[6] OHCHR. “Outcome Document”. February 2024. https://www.ohchr.org/sites/default/files/documents/issues/indigenouspeoples/emrip/2024-02-26-stm-emrip-Rome-Meeting.pdf

^[7] UNESCO. “The Global Task Force for Making a Decade of Action for Indigenous Languages.” 2022. https://en.unesco.org/idil2022-2032/globaltaskforce

^[8] United Nations. General Assembly. “High-level event to commemorate the 10^th anniversary of the World Conference on Indigenous Peoples.” April 2024. https://www.un.org/pga/78/high-level-plenary-meeting-of-the-general-assembly-known-as-the-world-conference-on-indigenous-peoples/

^[9] United Nations. “Press Conference: Human Rights at CBD COP16 – United Nations Biodiversity Conference 2024.” UN Web TV, October 2024. https://webtv.un.org/en/asset/k1w/k1wtdt69pm

^[10] United Nations. Food and Agriculture Organization. “FAO Science and Innovation Forum 2024 Opening” YouTube, November 2024. https://www.youtube.com/watch?v=2Z_SFE_rSyI

^[11] United Nations. General Assembly. “Constitutions, laws, legislation, policies, judicial decisions and other
mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration. Study by the Expert Mechanism on the Rights of Indigenous Peoples.” August 2024. https://documents.un.org/doc/undoc/gen/g24/129/28/pdf/g2412928.pdf

^[12] OHCHR. “United Nations Experts on The Rights of Indigenous Peoples Conclude Visit to Norway.” March 2024. https://www.ohchr.org/en/press-releases/2024/03/united-nations-experts-rights-indigenous-peoples-conclude-visit-norway

^[13] Ibid.

^[14] EMRIP. “Country Engagement Mission Australia-Advisory Note.” 2024. https://www.ohchr.org/sites/default/files/documents/issues/indigenouspeoples/emrip/countryengagement/EMRI-Technical-advisory-note-April-2024.pdf

^[15] Ibid.

^[16] United Nations. General Assembly. “Resolution adopted by the Human Rights Council on 30 September 2016.” October 2016. https://documents.un.org/doc/undoc/gen/g16/224/16/pdf/g1622416.pdf

^[17] UNESCO. “Global Action Plan of the International Decade of Indigenous Languages”. 2024. https://www.unesco.org/en/decades/indigenous-languages/about/action-plan

^[18] United Nations. General Assembly. “Annual report of the Expert Mechanism on the Rights of Indigenous Peoples.” August 2024, A/HRC/57/64, proposal 3, pp. 4-5. https://documents.un.org/doc/undoc/gen/g24/129/74/pdf/g2412974.pdf

^[19] Ibid, proposal 5, p.6

^[20] EMRIP. “Practical Note on Participation.” July 2024. https://www.ohchr.org/sites/default/files/documents/issues/indigenouspeoples/emrip/sessions/session17/17th-emrip-practical-note-participation.pdf

Tags: Global governance, Indigenous Peoples Rights