Background

The international human rights regime aims to redress social wrongs that affect certain individuals or groups of persons in society. States are the duty-bearers of human rights and must respect, promote and protect them. However, to fulfil such obligations, States must necessarily identify and recognise the beneficiaries of the concerned rights (rights-holders). 

Whenever a State identifies or recognises, within its national territory, the existence of individuals or groups of individuals that have suffered or are suffering from specific prejudice or discrimination, it can either adhere to a relevant human rights instrument, adopt a specific domestic protective legislation or do both. 

As far as Indigenous Peoples are concerned, they are sections of numerous national populations that have historically suffered, or continue to suffer, from prejudiced views that considered, or still consider, them and their cultures as inferior and not good enough to be equally protected by laws as peoples. They are traditional groups for whom the international legal regime on Indigenous Peoples' rights was devised as a corrective mechanism. The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms that “all doctrines, policies and practices based on or advocating superiority of peoples or individuals based on national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust” (Preamble). 

Indigenous Peoples’ international legal regime seeks no more than equality; it aims at uplifting particularly marginalised sections of national populations so that they can enjoy all rights on an equal footing as the rest of their fellow citizens. The UNDRIP recognises “that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession… thus preventing them from exercising, … their rights…” (Preamble). 

Neither the UNDRIP nor ILO Convention No. 169 define ‘Indigenous Peoples’. Instead, these two international instruments enshrine the principle of self-identification and provide characteristics of Indigenous Peoples that can help States and anyone to recognise them. 

Almost twenty years after the adoption of the UNDRIP, in 2007, several States in all regions of the world have made advances to identify and recognise Indigenous Peoples using criteria for identification. Constitutions, laws, policies and programmes have explicitly recognised Indigenous Peoples as rights-holders under international law. Domestic and regional courts have equally recognised Indigenous Peoples.

However, despite such valuable efforts, there are disparities in regional trends of recognition of Indigenous Peoples; and some States, particularly in Africa and Asia, are still reluctant to use the term ‘Indigenous Peoples’. In some cases, the human rights concept ‘Indigenous Peoples’ has been misunderstood as seeking to provide a privileged status to those who inhabited first a given land or territory in exclusion of or to the expense of others. This misunderstanding ignores the remedial nature of UNDRIP as a means to achieve equality. 

The term ‘Indigenous Peoples’ has also been confused with, interchangeably used or conflated with ‘local communities’, ‘minorities’, ‘vulnerable groups’ and many others. This confuses the specific human rights framework pertaining to Indigenous Peoples with those developed to address the specificities of other groups; and it undermines the effectiveness of human rights-based strategies to ensure equality for Indigenous Peoples. 

Indigenous Peoples’ rights are inherent rights, and they derive from the mere existence of Indigenous Peoples as peoples and victims of historical injustice, as specified by the UNDRIP. It is therefore not the recognition by States that creates Indigenous Peoples’ rights. However, for States to effectively assume their obligations as duty-bearers for these rights, it is necessary that they recognise the unique Indigenous Peoples living within their territories. 

The Special Rapporteur is concerned that misunderstandings regarding the recognition of Indigenous Peoples continue to hamper the implementation of UNDRIP and other international instruments on Indigenous Peoples’ rights. In his report to be presented at the 60th session of the Human Rights Council in September 2025, he therefore intends to examine ways and means of overcoming obstacles and promote best practices related to the recognition by States of Indigenous Peoples.

Objectives

The Special Rapporteur wishes to receive inputs to inform his report by way of responses to the questions below. The Special Rapporteur requests submissions from Member States and inter-governmental entities, UN agencies, funds and programs, Indigenous Peoples and organizations, civil society actors, humanitarian and development organizations, national human rights institutions, business representatives and other relevant stakeholders. Please email your written submissions to [email protected] by 28 March 2025 in English, French or Spanish preferably in WORD (.docx) accessible format. Kindly indicate in the subject of your email “Submission for 60th Session Human Rights Council Report”. Respondents are requested to limit their inputs to a maximum of 4000 words. Supporting resources, such as reports, academic studies, and background materials may be annexed.

Key questions and types of input/comments sought

1. What are the distinguishing characteristics of those recognised as Indigenous Peoples in your country, jurisdiction or sector of work?
2. What are the constitutional and legal provisions regulating the recognition of Indigenous Peoples in your country, jurisdictions or sector of work?
3. What are the practices and processes followed by Indigenous Peoples and/or State authorities to identify Indigenous Peoples in your country, jurisdiction or area of work?
4. Are there Indigenous Peoples in your country that are negatively viewed as culturally backwards and whose way of life is considered by the majority society as inappropriate in current times?
5. What are the main challenges facing Indigenous Peoples to achieve recognition from State authorities in your country, jurisdiction or sector of work?
6. Does the term ‘Indigenous Peoples’ cause any fears or concerns by State authorities in your country? If yes, please provide examples.
7. What are the positive and/or negative results and practices associated with the current framework for recognition of Indigenous Peoples in your country, jurisdiction or sector of work?
8. What initiatives have been undertaken to raise awareness about the recognition of Indigenous Peoples within society and governmental institutions?
9. What initiatives and mechanisms are needed for Indigenous Peoples to further promote adequate recognition? Please provide examples of good practices if available.
10. Are there examples from your country, jurisdiction or area of work, of conflation of Indigenous Peoples and other groups, such as minorities, local communities, vulnerable groups, among other? If yes, what are the lessons learned in that regard.
11. Are there examples from your country, jurisdiction or area or work of alliances between Indigenous Peoples and other groups, such as minorities, local communities, vulnerable groups, among other? If yes, what are the lessons learned in that regard.

How inputs will be used?

Submissions will be published as received on the OHCHR mandate webpage, unless requested otherwise. Please, kindly indicate in your email if you DO NOT wish your submission to be made public.