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some cases the role that indigenous peoples and their own representative institutions
played in developing these initiatives remains unclear.
124. The Expert Mechanism underscores that substantive equality may require
treating indigenous peoples as distinct groups facing unique circumstances. Several
States discussed their commitment to equality and the equal treatment of all citizens
under domestic law. However, some responses pointed towards the fact that equality
is sometimes interpreted as prohibiting specialized programmes aimed at achieving
the goals of the Declaration. The Expert Mechanism notes that the framework
provided in the Declaration implies a need for special measures for indigenous peoples
to ensure that they can enjoy the same rights and freedoms as other citizens. Indeed,
special measures are specifically identified in numerous provisions of the Declaration.
125. Several responses from States showed encouraging progress in terms of efforts
to adopt national legislation relating to indigenous peoples’ right to participate in
decision-making. However, it was not always clear whether States were following the
obligation to seek indigenous peoples’ free, prior and informed consent. Instead,
several States referred to “prior consultation”. The Expert Mechanism encourages
States to ensure that consultation processes work towards seeking indigenous peoples’
free, prior and informed consent.
126. Some States expressed concern that the diversity of indigenous peoples,
geographic dispersion, and the lack of a unified indigenous voice often make it
difficult to develop policies. The Expert Mechanism notes that the Declaration
recognizes and embraces the diversity of indigenous peoples. This diversity may lead
to different needs and different voices expressed by indigenous peoples within the
same State, which should be adequately addressed in order to aid the implementation
of the Declaration.
127. In answering questions, some States highlighted general measures of nondiscrimination, gender equality and the protection of specific vulnerable groups.
While the Expert Mechanism commends States for undertaking these measures, it
encourages them to continue to examine how to best address the situation of
indigenous peoples and individuals facing discrimination on multiple grounds.
128. Responses from indigenous peoples provide examples of approaches and
activities, including advocacy and awareness-raising, development of resources on the
Declaration, training for indigenous communities and organizations, and translating
the Declaration into indigenous languages. However, few of the indigenous peoples
that responded proposed overarching strategies for implementation of the
Declaration. This may partly be due to the fact that most of the indigenous
respondents work at the local level and are generally limited by a lack of financial
resources and, in some cases, by a lack of will from State institutions to cooperate and
engage with indigenous peoples.
129. Most indigenous peoples’ organizations reported a lack of attention from States
in considering the Declaration and, more generally, the rights of indigenous peoples.
These concerns hamper the effective implementation of the Declaration.
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