A/HRC/51/50 Mi’kmaq are still struggling to realize their treaty rights and suffer from intimidation and harassment by non-indigenous people when attempting to exercise them.116 D. Cultural unpreparedness 59. Implementation is also linked to the need for a cultural framework that favours a thoroughgoing understanding of the rights of indigenous peoples and the importance of the commitment made by entering into an agreement. This means creating a shared and stable environment in which indigenous rights and viewpoints are widely understood so that they can be fully and consistently implemented.117 Human rights education is a fundamental tool for reaching this goal, and State officials, in particular, must be trained to comprehend and apply these rights in performance of their duties. Initiatives such the “treaty education kit” for school curricula, developed by the Treaty Relations Commission of Manitoba, can contribute to a common understanding and a culture that respects treaties. 118 VI. Conflict resolution mechanisms 60. The creation and strengthening of specific mechanisms contribute to the achievement of respected and enforced treaties, agreements and other constructive arrangements between indigenous peoples and States. Breaches of agreements create conflicts and may lead to human rights violations and the breakdown of hard-won partnerships. They must be appropriately addressed through competent mechanisms to handle and resolve conflict and redress and remedy grievances. A commitment by States to redress the historical and ongoing dispossession perpetrated against indigenous peoples is an essential element of a new relationship with them. These mechanisms should look at past, present and persistent violations with a human rights-based approach and a thorough comprehension of historical processes. 61. The Declaration provides a framework on how to implement processes that can redress violations of treaties, agreements and other constructive arrangements, as outlined in studies and reports of the Expert Mechanism 119 and the three United Nations expert seminars.120 Article 40 of the Declaration sets out the right of indigenous peoples to prompt decisions through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for infringements of their individual and collective rights. Such decisions should give due consideration to international human rights and the customs, traditions, rules and legal systems of the indigenous peoples concerned. 62. Similarly, referring to the recognition and adjudication of the rights of indigenous peoples to their lands, territories and resources, article 27 Declaration points out the obligation of States to establish and implement, in conjunction with and with the participation of indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems. 63. Article 28 of the Declaration affirms the right of indigenous peoples to seek redress for violations of their right to land, territories and resources in case of confiscation, dispossession, occupation, use or damage without their free, prior and informed consent. Means for redressing such violations can include restitution or, if that is not possible, just, fair and equitable compensation. Unless otherwise freely agreed upon by the peoples 116 117 118 119 120 14 Sarah Ritchie, “Federal enforcement in N.S. fisheries dispute ‘political’: Mi’kmaw lawyer”, Global News, 20 September 2021 (available at https://globalnews.ca/news/8204388/liberals-fishery-disputemikmaw-lawyer/). A/74/149, para. 81 (g). Submission of the Treaty Relations Commission of Manitoba. See A/HRC/39/62; A/HRC/45/38; and A/HRC/48/51. See the compilation of conclusions and recommendations from the United Nations seminars on treaties, agreements and other constructive arrangements.