A/HRC/12/32
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71. Many representatives of indigenous delegations welcomed the discussion on the
Declaration and its endorsement by their respective Governments, while pointing to the
challenges that its implementation entails at the national level. Indigenous representatives
emphasized that the Declaration was the most comprehensive universal international human
rights instrument explicitly addressing the rights of indigenous peoples. The significance of the
Declaration as an instrument of reference and a basis for constructive dialogue and reconciliation
between indigenous peoples was reiterated several times by States and international
organizations.
72. Some indigenous representatives recalled that provisions enshrined in the Declaration
reflect binding human rights instruments and should be used as a reference by international
human rights mechanisms, including treaty monitoring bodies and special procedures. They also
stressed that regional human rights mechanisms, including the African Commission on Human
and Peoples’ Rights and the Inter-American Court of Human Rights, can also use the Declaration
in their deliberations, interpretations and decisions.
73. The incorporation of the principles of the Declaration in domestic law was viewed by a
number of speakers as an effective way to ensure the realization of indigenous peoples’ rights. In
this respect, various examples were underlined including references to the Declaration in
constitutional provisions and in domestic jurisprudence. Many observers also stressed that in
order to ensure that violations of the rights of indigenous peoples are properly addressed,
effective remedies must be made available for victims of violations.
74. Several speakers stressed the importance of expanding the activities that national human
rights institutions and similar bodies undertake to promote and protect the rights of indigenous
peoples. The importance of working with the International Coordinating Committee of National
Human Rights Institutions (NHRIs) and regional organizations of NHRIs, such as the
Asia-Pacific Forum, in developing educational tools and conducting technical assistance
programmes on the rights of indigenous peoples was underscored in this context.
75. Indigenous representatives pointed to efforts to translate and disseminate the Declaration
and the ongoing need to raise awareness about it within civil society, Governments and
indigenous peoples at the regional and national levels. It was stressed that it is only through
dialogue that non-governmental organizations and governmental bodies could effectively pursue
and implement international commitments under the Declaration. The hope was expressed that
the work of the Expert Mechanism would contribute to this dialogue and to the promotion of the
Declaration.
76. The need to recognize indigenous peoples as rights holders, as opposed to just
stakeholders, was underlined and the importance of the principle of free, prior and informed
consent was highlighted by a number of indigenous representatives, including in relation to
extractive activities. Some indigenous representatives further stated that the right to
self-determination and the right to free, prior and informed consent constituted prerequisites for
the enjoyment of other rights enshrined in the Declaration and called on the Expert Mechanism
to take this into account in its work.