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complemented by effective implementation through enabling legislation, executive
action and judicial protection. It is also critical that legislation enacted to establish
recognition of indigenous peoples’ rights not be undermined or contravened by
other laws and regulations.
6.
The implementation of the Declaration has achieved some major successes.
Constitutional and legislative frameworks that recognize indigenous peoples,
including targeted policies and programmes, have been developed in some
countries, and there is a growing body of national and regional jurisprudence that
recognizes the legal rights of indigenous peoples.
7.
The funds, programmes and specialized agencies of the United Nations
system, including the International Fund for Agricultural Development, the
International Labour Organization (ILO), the Food and Agriculture Organization of
the United Nations, the United Nations Development Programme, the United
Nations Environment Programme, the United Nations Entity for Gender Equality
and the Empowerment of Women (UN-Women) and the Office of the United
Nations High Commissioner for Human Rights, have also taken action to advance
the implementation of the Declaration through their own frameworks, country
dialogues and the system-wide action plan for ensuring a coherent approach to
achieving the ends of the Declaration.
8.
At the high-level plenary meeting of the General Assembly known as the World
Conference on Indigenous Peoples, held in 2014, States committed themselves to
taking concrete action to achieve the ends of the Declaration. The process for the
World Conference constituted in itself a good practice of partnership between
indigenous peoples and Member States working together to identify gains and
priorities for future action. The efforts of the Assembly to enable the enhanced
participation of indigenous peoples at the United Nations represents a continuation of
that good practice. Of particular importance, as reflected in the outcome document,
are the commitments made by States, in cooperation with indigenous peoples, to
implement national action plans, strategies and other measures and to tak e legislative,
policy and/or administrative measures to achieve the ends of the Declaration.
9.
Notwithstanding the progress made in implementing the Declaration over the
past decade, the Permanent Forum is concerned about a gap between the formal
recognition of indigenous peoples’ rights and their implementation in practice.
Indigenous peoples continue to face exclusion, marginalization and major
challenges to enjoying their basic rights. Ten years after the adoption of the
Declaration, the usurpation of indigenous peoples’ lands and resources continues at
an alarming rate and threats and violence against indigenous peoples who defend
their territories, rights and livelihoods have increased dramatically. The Forum is
also concerned about the continued refusal of some States to recognize the existence
of indigenous peoples, and that free, prior and informed consent is rarely, if ever,
obtained from communities for projects and legislation that affect them.
10. The Permanent Forum welcomes the organization of the high-level event of
the General Assembly to mark the tenth anniversary of the adoption of the United
Nations Declaration on the Rights of Indigenous Peoples, held at United Nations
Headquarters in New York on 25 April 2017, with the participation of the
mechanisms specific to indigenous peoples, namely the Permanent Forum on
Indigenous Issues, the Special Rapporteur on the rights of indigenous peoples and
the Expert Mechanism on the Rights of Indigenous Peoples, and of representatives
of the seven sociocultural regions.
11. The Permanent Forum urges Member States, in their regular reporting to the
United Nations human rights treaty bodies and, in particular, to the Human Rights
Council through the universal periodic review, to include the actions taken to
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