“Interactive dialogue with: Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) focusing on the right to land and the repatriation of ceremonial objects, human remains, and intangible cultural heritage A/HRC/RES/33/25, A/HRC/45/35, A/HRC/45/38"

Agenda Item 3: Promotion and protection of all human rights, civil,political, economic, social and cultural rights, including the right to development and Item:5 - Human rights bodies and mechanisms

Statement by: International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD)

24 September 2020

Thank you Mr. President,

We welcome the report by the Expert Mechanism on the Rights of Indigenous Peoples on repatriation and specifically regarding intangible cultural heritage. In this regard we remind the Council that states carry the primary responsibility for ensuring that indigenous peoples are able to safely exercise their rights and that accountability is established for violations against indigenous human rights-defenders. These rights and remedies can only be realised if the serious issue of corporate impunity by transnational-corporations, big-businesses, and extractive industries is addressed. To this end, there is an urgent need for a UN Binding Treaty to regulate TNCs and effective remedies for the victims.

Furthermore, access to justice regarding ceremonial objects and human remains can only be realised when indigenous judicial and legal systems are acknowledged and strengthened by governments and international bodies. We also recall that a key issue from previous EMRIP sessions that was echoed by numerous participants was on language, and in particular, the translation of the UN Declaration on the Rights of Indigenous Peoples, national and domestic law, and international law to indigenous languages.

In order to increase, promote, and raise awareness of rights of indigenous peoples, the language barriers and other related obstacles and challenges must be overcome in a collaborative manner with indigenous communities. In this regard, we would like to ask the Expert Mechanism what steps are being taken to ensure strengthened partnership especially in these challenging moments?

In conclusion, EAFORD and Geneva International Centre for Justice recommends increased promotion of indigenous languages and the adoption of an international legally binding treaty to regulate TNCs.

Thank you

Justice, Human rights, Geneva, geneva4justice, GICJ, Geneva International Centre For Justice