A/HRC/45/34
and other mechanisms are necessary to regulate, supervise and sanction private business
and other third-party activities whose activities violate indigenous peoples’ rights.
69.
Consultation and cooperation should guide the means by which indigenous peoples
can participate directly in decision-making related to development policies, laws, plans and
programmes. Indigenous peoples’ proposals, priorities and concerns regarding development
should be duly incorporated in the State development planning before outlining priorities
and granting concessions, licences and other authorizations for development activities that
could later lead to social conflicts due to lack of consultation.
70.
The Special Rapporteur encourages indigenous peoples and States to explore
mechanisms for dialogue, consultation and cooperation to promote indigenous development
priorities and other human rights. These processes of dialogue, consultation and
cooperation must respect the mechanisms and protocols for relations, consultation and
decision-making of indigenous peoples.
71.
Consultation and free, prior and informed consent must also be understood as an
extension of the right of indigenous peoples to self-determination. Therefore, they should
be able to decide their own social, cultural, economic and political destinies and ultimately
safeguard their rights recognized under the United Nations Declaration on the Rights of
Indigenous Peoples and other international human rights sources.
V. Final reflections at the end of the Special Rapporteur’s term
and forward-looking recommendations
72.
The establishment of the mandate of the Special Rapporteur in 2001 was a
response by the international community to the reiterated demands of indigenous
peoples and to the situation of systematic violation of their individual and collective
rights. The mandate has been acknowledged by United Nations Member States as an
achievement in building an international framework for the advancement of the rights
and aspirations of indigenous peoples. 82
73.
Since 2007, following the adoption of the United Nations Declaration on the
Rights of Indigenous Peoples, Special Rapporteurs on the rights of indigenous peoples
have been mandated to promote the Declaration, which has been the legal framework
for all their activities, including thematic work, country visits, communications,
identification of best practices, cooperative dialogue with all relevant actors, and
technical cooperation.
74.
Throughout the years of her mandate, the Special Rapporteur has
acknowledged progress in the recognition and legal protection of the human rights of
indigenous peoples.83 But she would like to stress that the “implementation gap”, and
the increasing violence against and criminalization of indigenous peoples in many
countries around the world, signals the need more than ever for a strong and effective
mandate to ensure compliance with international human rights standards in this
regard.
75.
The mandate holder has tried to respond to this situation not only through
communications, country visits and thematic reports, but also by trying to engage
Governments and other actors in constructive dialogue, with the aim of making the
United Nations Declaration on the Rights of Indigenous Peoples and other relevant
human rights standards better understood, protected and realized. Working visits,
technical cooperation, and active involvement in multilateral and multi-stakeholder
processes have been key activities in this regard.
76.
The Special Rapporteur would like to express her appreciation to the numerous
Member States that have shown their support for the mandate, have engaged with its
work and have implemented relevant recommendations. Nevertheless, she would like
to underline that there are still many countries in which the existence of indigenous
82
83
General Assembly resolution 69/2 (outcome document of the World Conference on Indigenous
Peoples), para. 5.
A/72/186, paras. 25–36, on progress in law and jurisprudence.
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