A/HRC/36/56 I. Introduction 1. In September 2016, in its resolution 33/25, the Human Rights Council amended and expanded the mandate of the Expert Mechanism on the Rights of Indigenous Peoples and decided that it should identify, disseminate and promote good practices and lessons learned regarding the efforts to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, including through reports to the Human Rights Council on the matter. 2. The present report is the first to be submitted in the context of that decision. It is intended to highlight the main legal and policy trends in the past 10 years in the application of the Declaration across the United Nations and regional and national human rights systems, and to contribute to its further implementation. It is not intended to be a comprehensive study on good practices, many of which are also reflected in the thematic studies of the Expert Mechanism. II. Summary 3. The Declaration is the most far-reaching comprehensive instrument concerning indigenous peoples, elaborated and approved as a result of a process of nearly three decades of active engagement of indigenous leaders within the United Nations system. Since its adoption by the General Assembly on 13 September 2007, it has been overwhelmingly recognized as reflecting a global consensus on the rights of indigenous peoples, individually and collectively. The question remains as to the extent to which it is being implemented. 4. The Declaration informs the work of a variety of different actors, such as States, indigenous peoples and the different United Nations agencies, the World Bank and procedures within the United Nations system. For the past 10 years, it has influenced the drafting of constitutions and statutes at the national and subnational levels1 and contributed to the progressive development of international and domestic laws and policies as it applies to indigenous peoples. The Declaration is reflected in the Constitutions of Ecuador, Kenya and the Plurinational State of Bolivia, drafted in 2008 2010 and 2009, respectively. Importantly, in its article 11, the Constitution of Ecuador recognizes that the human rights established in international instruments, including not only treaties but also the Declaration, are directly applicable and enforceable. 5. Despite the advances made in terms of their formal recognition, indigenous peoples still report numerous and growing violations of their human rights. In many examples, indigenous peoples are denied political recognition by States and international actors; protection of their lands, territories resources and environment, particularly from development activities; consultation and free prior and informed consent between them, States and others regarding activities that affect them; and the protection of their cultures, including their languages, religions and ways of life. Indigenous women and disabled persons face particular challenges. Of further concern is the rise in the number of indigenous people who die every year while attempting to defend their rights under the Declaration. 2 Indigenous people are also subjected to daily violent attacks and threats, enforced disappearances, illegal surveillance, travel bans and the increasing trend of 1 2 See, for example, the Constitution of Mexico City. Of the 281 human rights defenders killed in 25 countries in 2016, almost half had been defending their land, environment and indigenous rights. There were 185 documented killings of human rights defenders in 2015 and 130 in 2014. An illustrative case is that of Berta Caceres, leader of the Lenca people of Honduras, who was killed in 2016 allegedly in connection with her involvement and opposition to the Agua Zarca hydroelectric project. Her daughter Bertha Zuñiga, was also targeted in an armed attack, in June 2017. See Front line Defenders “Annual Report on Human Rights Defenders at Risk in 2016”, available from https://hrdmemorial.org/front-line-defenders-017-annual-reporthighlights-killing-of-281-hrds-in-2016. 3