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35. Various new perspectives have opened up in confronting the challenge
represented by the draft Declaration, a milestone in the efforts to protect the human
rights of indigenous peoples. One is the need to clarify and enhance the human
rights and international obligations of States deriving from existing human rights
instruments, and to update their content in the light of the draft Declaration, since
the latter is not a legally binding instrument. National and international courts will
no doubt play an important and innovative role in this process.
36. The draft Declaration will also serve as a guide for the actions of human rights
treaty bodies in their work of interpreting the scope of the provisions of these
treaties in relation to States parties. Thus, the Declaration will help to enhance and
consolidate the international case law produced by universal and regional bodies in
relation to the rights of indigenous peoples.
37. The draft Declaration will be a valuable factor in the discussion about future
international standards in indigenous matters, both in the international human rights
system and in regional or specialized areas. Accordingly, the adoption of the
Declaration will also give a strong impetus to the clarification of emerging or
existing customary law concerning the rights of indigenous peoples at the
international level.
38. As in the case of previous human rights declarations (the Universal
Declaration of Human Rights, the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities or other declarations that
have subsequently become international conventions), the draft United Nations
Declaration on the Rights of Indigenous Peoples can play an important role in
guiding national legislative processes linked to indigenous peoples’ rights in
countries where this issue is relevant and/or immediate. The draft Declaration is
already an essential frame of reference for the indigenous peoples who are holding a
dialogue with Governments in the quest for innovative legislative solutions to old
problems of discrimination, exclusion, cultural negation and lack of legal
recognition.
39. A careful re-evaluation of the various international promotion and cooperation
activities being carried out by United Nations bodies will also be useful, especially
in the framework of the Millennium Development Goals, in order to achieve full
implementation of the provisions of the Declaration, especially in countries where
indigenous populations live.
40. Lastly, I should like to make an urgent appeal to all States members of this
Assembly to adopt the draft United Nations Declaration on the Rights of Indigenous
Peoples transmitted to it by the Human Rights Council.
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