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47. The positive or special measures required to operationalize the Declaration need to reach
the existing local institutional arrangements and policy frameworks, which in some cases may
have to be reformed to accommodate the particular needs of indigenous peoples, as underlined in
the Declaration. Depending on the local context, specific policies, programmes and institutions
may be required to promote the concerted action of government agencies regarding indigenous
peoples. In those countries where they already exist, their terms of reference and goals should be
framed by rights and principles affirmed in the Declaration.
48. As part of the general activities under its six mandated areas (economic and social
development, culture, environment, education, health and human rights), the sessions of the
Permanent Forum and expert meetings organized by its secretariat have produced an important
body of specific recommendations that can be a useful tool for States in the planning and
implementation of the measures required to operationalize the Declaration. Particularly tailored
to State policies are, for instance, the Permanent Forum’s recommendations on the establishment
of “comprehensive national indigenous education policies”.28
49. Together with the call for specific State action, articles 4 and 39 of the Declaration jointly
call upon States to provide financial and technical support for the operation of indigenous
self-governance institutions, without prejudice to the support provided through international
cooperation. The need for such support naturally follows from the effective recognition of
indigenous peoples’ self-governing or autonomous systems which necessarily connect to the
wider political and institutional structures of the countries in which these peoples live. In
addition, this State support helps empower indigenous peoples in their autonomous management
and provision of social services, such as in the area of education, which also contributes to the
fulfilment of the States’ general obligations with regard to the economic, social and cultural
rights of citizens.
Legal reform and judicial action
50. Implementing the Declaration will normally require or may be facilitated by the adoption
of new laws or the amendment of existing legislation at the domestic level, as envisaged by
article 38 of the Declaration which calls for appropriate “legislative measures”. Also normally
required will be new regulatory frameworks, which in most countries are still lacking or are
insufficient. It is important to note that the legal and institutional transformations required by the
Declaration are usually not sufficiently addressed solely by enacting specific “indigenous laws”,
as many State have done, but rather will normally also involve the transformation of broader
legal structures in key areas.
51. This is true, for instance, in relation to the provisions of the Declaration regarding
indigenous peoples’ rights to “autonomy or self-government in matters relating to their internal
and local affairs” (art. 4) and to “maintain and strengthen their distinct political, legal, economic,
social and cultural institutions” (art. 5), including in the administration of justice (arts. 34-35).
28
E/2004/43/E/C.19/2004/23, para. 19.