A/HRC/36/56 criminalizing indigenous activists and organizations and movements, often engendered by conflicts over investment projects in indigenous territories. 3 6. In 2016, in a movement emblematic of such conflicts around the world, thousands of indigenous peoples gathered to protest the construction of an oil pipeline over the treatyguaranteed traditional lands of the Standing Rock and Cheyenne River Sioux tribes in North Dakota, United States of America. The project had been permitted by the Government despite the objections of the indigenous peoples in question and in the absence of meaningful consultation, with significant harm to the tribes’ sacred sites and risks to its drinking water. 4 The situation, along with indigenous peoples’ expressions of concern during the tenth session of the Expert Mechanism on natural resource development on indigenous lands across the world without their consent, was a significant factor in the decision by the Expert Mechanism to devote its 2018 thematic report to the issue of free prior and informed consent, not only in the context of natural resource development, but also with respect to other State and industry activities that affect indigenous peoples’ rights to land and culture, as well as legislative and restitution measures that affect them, as specified in the Declaration. 7. In the light of ongoing challenges, much more can be done to realize the true potential of the Declaration, through enhanced implementation of its provisions. The Declaration reaffirms and clarifies international human rights standards to ensure respect for indigenous peoples’ rights to self-determination, cultural, language, land, natural resources, environmental protection, consultation and free prior and informed consent. Thus, recommendations and observations to States — by United Nations agencies, treaty bodies, the Permanent Forum on Indigenous Issues, special procedures of the Human Rights Council, such as the Special Rapporteurs,5 working groups and under the universal periodic review mechanism — seeking the implementation of Declaration rights should be implemented. 8. An overview of such recommendations, as well as good practices, will serve as the basis for an analysis of the status of implementation of the Declaration today, and also serve to inform the implementation of the new mandate of the Expert Mechanism as to the choice of thematic studies, definition of priorities for country engagement and other undertakings toward achieving the ends of the Declaration through the promotion, protection and fulfilment of the rights of indigenous peoples. 9. Many scholars consider that, apart from its solemn and aspirational nature, the Declaration has significant normative weight, having been formally endorsed by the majority of States Members of the United Nations. 6 As a form of international law, the Declaration may be used by courts when attempting to construe the meaning of treaties, statutes and other legal instruments. It is well established that General Assembly resolutions that declare norms can build on or reflect customary international law. 7 The declaration 3 4 5 6 7 4 Such as the prosecution of defenders of the Mapuche people under antiterrorist laws in Chile for which Chile was held liable in 2014 by the Inter-American Court of Human Rights. See: ww.corteidh.or.cr/docs/casos/articulos/seriec_279_ing.pdf. When the protestors camped out and joined forces to stop bulldozers from raising burial sites, law enforcement attacked the protesters using dogs, crowd-control spray, freezing water and rubber bullets. Dozens of people were arrested and imprisoned for asserting and protecting their rights to free speech and assembly, and to self-determination, property, natural resources, equality, treaty rights, religious freedoms, cultural expression and free prior and informed consent. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21274&LangID=E. Including the Special Rapporteurs on the rights of indigenous peoples; on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; on the situation of human rights defenders; in the field of cultural rights; and on the rights of persons with disabilities. See A/HRC/15/37/Add.1. See judgment of the International Court of Justice dated 20 February 1969, in which the Court defined the requirements needed to establish new customary international law as very widespread, including representative State practice in support of the purported new rule, including the specially affected states, as well as a feeling to be obligated (opinio juris). See also https://ruwanthikagunaratne.wordpress.com/2017/04/04/nuclear-weapons-advisory-opinion/.