Who Has the Right to Speak on Behalf of Indigenous Peoples? A Debate on UN Representation Unfolded at the EMRIP Session

On July 15, in Geneva, during the 19th session of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), participants discussed agenda item 9 — "Enhancing the participation of Indigenous peoples in the activities of the United Nations." Within the framework of the discussion, independent Indigenous representatives from Russia stated that Indigenous participation in the work of UN bodies should not depend on state recognition or official status.

In their addresses, Sámi activist Andrey Danilov and Chulym representative Olga Kostrova emphasized that the right of Indigenous peoples to participate in UN work derives from their right to self-determination and cannot be limited by requirements of state registration or recognition by authorities.

According to Andrey Danilov, every Indigenous voice should have the opportunity to be heard within the UN system in accordance with international human rights standards.

"In countries where independent Indigenous institutions are subjected to pressure, and cooperation with international mechanisms is met with threats, criminal prosecution, and arrests, the requirement of official recognition effectively closes off access to the UN system for independent voices," he noted.

Speakers paid particular attention to the criminal prosecution of Daria Egereva and Natalia Leongardt. It was noted that Daria Egereva, co-chair of the UN International Indigenous Peoples Forum on Climate Change, actively participated in the intersessional consultations of the UN Human Rights Council on enhancing Indigenous participation, held in July 2024, and contributed to the development of proposals to improve this mechanism. Today, speakers emphasized, she cannot participate in UN work because she has been held in pre-trial detention in Russia for over six months.

In the view of independent representatives, this case clearly demonstrates that enhancing Indigenous participation is impossible without effective guarantees of protection for those who cooperate with UN mechanisms.

During the discussion, it was also emphasized that the right to determine their own representative institutions belongs to Indigenous peoples themselves, in accordance with Articles 18 and 33 of the UN Declaration on the Rights of Indigenous Peoples.

States should not interfere in these processes, create administrative or political obstacles to the participation of independent organizations in the work of the UN Human Rights Council and other UN bodies, or determine who is entitled to represent a given Indigenous people.

At the same time, an opposing position was also voiced during the discussion. Representatives of the Government of the Russian Federation, as well as state-supported organizations of Indigenous small-numbered peoples of the North, Siberia, and the Far East of Russia (RAIPON, KMNSOYUZ), reiterated that only so-called "legitimate representatives" — representatives of officially registered and state-recognized organizations — should be allowed to participate in the work of UN bodies.

Independent Indigenous representatives from Russia disagreed with this approach, emphasizing that such a criterion excludes from international processes those Indigenous representatives who face persecution, have been forced to leave their countries, or represent independent organizations. In their view, granting states the right to determine whose voices are "legitimate" contradicts the UN Declaration on the Rights of Indigenous Peoples and undermines the principle of independent Indigenous participation in the UN system.

In conclusion, speakers called for ensuring the safe participation of Indigenous representatives in UN work, excluding any form of persecution for cooperation with international mechanisms, and guaranteeing that the right to be heard will not depend on the position of states.

Notably, during the discussion, similar approaches and concerns were expressed by Indigenous representatives from other regions of the world. They also emphasized the need to ensure the autonomous participation of Indigenous peoples in UN work, to protect independent representatives from reprisals, and stressed the inadmissibility of states unilaterally determining who has the right to speak on behalf of Indigenous peoples. This demonstrated that the issues raised by independent representatives from Russia are part of a broader international debate and find support among Indigenous representatives from different countries.

IR