Study on the significance of treaties, agreements and other constructive arrangements for the promotion and protection of the human rights and fundamental freedoms of indigenous populations.

1988/56. Study on the significance of treaties, agreements and other constructive arrangements for the promotion and protection of the human rights and fundamental freedoms of indigenous populations

The Commission on Human Rights, Having Considered the report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-ninth session (E/CN.4/1988/37 and Corr.1), in particular Sub-Commission resolution 1987/17 of 2 September 1987, Bearing in mind the mandate of the Sub-Commission's Working Group on Indigenous Populations, under Economic and Social Council resolution 1982/34 of 7 May 1982, to review developments pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous populations and to give special attention to the evolution of standards concerning the rights of indigenous populations, Reaffirming its endorsement of Sub-Commission resolution 1985/22 of 29 August 1985 and of the decision of the Working Group on Indigenous Populations to emphasize standard-setting activities, with the aim of producing a draft declaration on indigenous rights which may be proclaimed by the General Assembly, Mindful that a study on indigenous treaties, as proposed by the Sub-Commission in its resolution 1987/17, would benefit from a thorough examination of the relevant views of all Governments and other interested parties potentially involved in such a study,

1. Recommends to the Economic and Social Council that it authorize the appointment of Mr. Miguel Alfonso Martínez as Special Rapporteur of the Sub-Commission with the mandate of preparing an outline on the possible purposes, scope and sources of a study to be conducted on the potential utility of treaties, agreements and other constructive arrangements between indigenous populations and Governments for the purpose of ensuring the promotion and protection of the human rights and fundamental freedoms of indigenous populations;

2. Requests the Special Rapporteur to prepare this outline, giving particular attention to the ongoing development of universally relevant standards and the need to develop innovative, forward-looking approaches to relationships between indigenous populations and Governments taking into account the socio-economic realities of States and the inviolability of their sovereignty and territorial integrity;

3. Further requests the Special Rapporteur to submit this outline to the Sub-Commission for consideration by the Working Group on Indigenous Populations at its sixth session, together with the views expressed by Governments and other parties interested in the study;

4. Requests the Secretary-General to bring the present resolution, the above-mentioned outline and the deliberations of the Sub-Commission thereon to the attention of Governments, specialized agencies and non-governmental organizations, including indigenous organizations, with a view to obtaining comments in advance of the forty-fifth session of the Commission;

5. Decides to consider further the purposes, scope and sources of the proposed study at its forty-fifth session in the light of the mandate of the Working Group on Indigenous Populations and taking into account the aforementioned contributions and deliberations of the Special Rapporteur, the Sub-Commission, interested Governments, specialized agencies and non-governmental organizations.

54th meeting
9 March 1988
[Adopted without a vote. See chap. XIX.]