Background

Pursuant to Human Rights Council resolution 33/25, during its seventeenth session in 2024, the Expert Mechanism confirmed its decision to prepare a report on “The right of Indigenous to their traditional economies.” This report will be presented at the sixtieth session of the Human Rights Council in September 2025.

The report of the Expert Mechanism is meant to provide better understanding of the provisions of the Declaration and propose concrete actions that States, Indigenous Peoples, civil society organizations, international organizations, national human rights institutions and others can take to further its implementation.

Objectives

The purpose of this report is to promote the recognition and strengthening of Indigenous Peoples’ traditional economies and enhance the capacity of Indigenous Peoples’ institutions to participate in relevant management and decision-making processes regarding traditional economies and related rights.

The report will address efforts to promote and protect Indigenous Peoples rights to freely engage in all their traditional economies as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. The Declaration in article 20 affirms that Indigenous Peoples have the right to maintain and develop their political, economic and social systems, including the enjoyment of their own means of subsistence and development, and to engage freely on all their traditional and other economic activities. Furthermore, article 25 affirms that Indigenous Peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 29 affirms that Indigenous Peoples have the right to the conservation and protection of the environment and the productive capacity of their lands, territories and resources. Article 32 establishes that Indigenous Peoples have the right to determine and develop their own priorities and strategies for development of their lands, territories and resources. Most significantly, States are obligated to consult and cooperate with Indigenous Peoples in good faith, through their own representatives’ institutions, in order to obtain their free, prior and informed consent prior to approving projects that affects their lands and territories, and to provide effective mechanisms for just and fair redress and take appropriate measures, to mitigate adverse impacts.

The report also aims to promote Indigenous Peoples’ right to their traditional economies for achieving sustainable development, particularly in alignment with the 2030 Agenda for Sustainable Development.

Key questions and types of input/comments sought

To assist all parties in contributing to this report, Expert Mechanism sets out below some of the elements it intends to focus on, but is not limited to, in its report.

• Analysis of international legal instruments and standards: Examine the human rights framework and international law concerning the right of Indigenous Peoples rights to their traditional economies and sustainable livelihoods. Provide insights into social development initiatives that empower Indigenous communities in maintaining their traditional economies and analyse the intersection between Indigenous rights and Sustainable Development Goals (SDGs).
• Review existing national legal frameworks: Analyse the national legal protections for Indigenous Peoples’ traditional economies, identifying gaps and necessary reforms. Strengthening the national legal frameworks is essential to safeguard lands, culture, Indigenous knowledge, and traditional livelihood practices, that reinforce Indigenous economic systems. Consider how these legal frameworks align with the United Nations Declaration on the rights of Indigenous Peoples and other relevant international standards and commitments.

• Assess governance structure and decision-making processes:

  Examine the level of engagement of Indigenous institutions in governance and decision-making related to their traditional economies and natural resource management within relevant economic and environmental decision-making processes. Identify barriers to participation and develop strategies for enhancing Indigenous representation and influence in these processes.

• Provide insights into Indigenous traditional economic practices: Gain insights into Indigenous traditional economic activities such as hunting, fishing, and gathering, subsistence farming, and their contributions to the conservation of biodiversity, Indigenous knowledge and cultural identity. Recognizing and promoting these sustainable livelihood practices is vital for strengthening Indigenous economies and sustaining Indigenous culture and Indigenous knowledge systems.
• Importance of Indigenous food systems and sovereignty: Examine the concept of food sovereignty and how Indigenous food systems contribute to food security while preserving the cultural heritage of Indigenous Peoples. Understanding the role of these food systems within traditional economies supports the recognition of Indigenous rights to maintain their traditional livelihoods, access their lands and manage resources sustainably, which in turn strengthens institutional capacity to advocate for and support these rights.
• Highlight examples of good practices: Identify successful case studies where Indigenous peoples use traditional knowledge to navigate challenges and adapt to the impacts of climate change on their economies. These examples can serve as models for promoting and recognising effective strategies in traditional economic management of Indigenous peoples and contribute to sustainability efforts that address environmental challenges.
• Offer concrete recommendations for States and Indigenous Peoples and other stakeholders: Provide concrete actionable suggestions that facilitate the recognition and strengthening of Indigenous traditional economies. Recommendations should include:
• For States: Implement policies for Indigenous Peoples that ensure their right to free, prior, and informed consent; develop and strengthen legal frameworks that protect Indigenous rights to traditional economies; and support capacity-building initiatives that empower Indigenous institutions.
• For Indigenous Peoples: Develop strategies to engage in policy dialogue with governments; strengthen local governance structures to enhance participation in decision-making and management of resources; and share best practices among communities to bolster traditional economic activities.

How inputs will be used?

A draft report will be introduced by the Expert Mechanism at its 18th annual session, due to take place in July 2025, after which it will be finalized and presented to the Human Rights Council at its sixtieth- session in September 2025. The Expert Mechanism hereby requests contributions from Indigenous Peoples, States, National Human Rights Institutions, Academics, and other Stakeholders, including UN agencies, programmes and funds, for this report. Please note whether the submission is confidential and should not be shared publicly.