A/HRC/60/29 IV. Conclusions and recommendations A. Conclusions 97. The recognition of Indigenous Peoples remains a cornerstone of international human rights efforts aimed at redressing historical injustices against them and promoting equality. States are the primary duty bearers concerning human rights. However, to fulfil their obligations, States must necessarily recognize the beneficiaries (rights holders) of the rights concerned. The rights of Indigenous Peoples are inherent, they are recognized by international law, and they are binding on States regardless of recognition in domestic laws. 98. The United Nations Declaration on the Rights of Indigenous Peoples has led to increased global recognition of Indigenous Peoples. Many countries have adopted constitutional, legislative or policy measures acknowledging Indigenous Peoples as rights holders under international law. Several States have taken further steps by formally incorporating the Declaration into their national legislation. 99. The trend of constitutional recognition is most pronounced in regions with strong Indigenous movements grounded in a history of colonialism where constitutional reforms have been used as tools for reconciliation and State redefinition. However, this practice is gradually being adopted in other States, at varying rates. These efforts indicate a growing movement towards enhanced legal recognition for Indigenous Peoples. 100. Legislation and acts of parliament are among the most utilized mechanisms for State recognition of Indigenous Peoples. These legal instruments are often more readily employed to affirm the rights of Indigenous Peoples, especially in circumstances where constitutional reforms may present political or procedural challenges. 101. Recognition through legislation is increasingly common worldwide, but enforcement is often hampered by vague wording, limited resources or weak institutions. Overlapping or conflicting laws, particularly with Indigenous customary laws, can also undermine implementation. 102. In Africa and Asia, recognition of Indigenous Peoples has progressed slowly, in part because of ongoing misunderstandings about the term “Indigenous Peoples”. The term is sometimes wrongly viewed as potentially divisive, as a challenge to territorial integrity or as conferring advantages to certain communities. 103. The term “Indigenous Peoples” is a human rights concept devised to remedy unique historical injustices with the view to reconciling Indigenous Peoples with States and forging between them new partnerships grounded in trust and rights. 104. The term “local communities” is not yet recognized as a human rights concept and remains a concept of domestic law, fundamentally different from the internationally recognized human rights framework for Indigenous Peoples. 105. The conflation of Indigenous Peoples with local communities has contributed to misunderstandings. This practice may undermine the distinct rights of Indigenous Peoples, and is sometimes utilized by States that either do not recognize the existence of Indigenous Peoples within their jurisdiction or attempt to undermine the implementation of their rights as defined in international law. B. Recommendations 106. On the recognition of Indigenous Peoples as rights holders, States should: (a) Legally recognize Indigenous Peoples as distinct rights holders under international law, as affirmed by the Declaration and other relevant human rights instruments; 18 GE.25-12002

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