A/HRC/60/29 seek redress for historical injustices, loss of or threat to their ancestral lands, and marginalization that threatens their cultural identities and livelihoods. 42. A previous Special Rapporteur concluded that there were particular groups that distinguished themselves from the broader populations of the Asian countries and that fell within the scope of the international concern for Indigenous Peoples as it had developed throughout the United Nations system and in connection with his mandate, including those referred to as “tribal peoples”, “hill tribes”, “scheduled tribes” or “Adivasis”. 36 Another previous Special Rapporteur noted that some nation States had forcibly integrated territories of Indigenous Peoples or included them as part of their territorial claims, and she concluded that in Asia, modern nation State-building had contributed to the creation of Indigenous Peoples.37 43. The Asian Development Bank considers the term “Indigenous Peoples” to be a generic concept that includes cultural minorities, ethnic minorities, Indigenous cultural communities, tribal peoples, natives and aboriginals.38 The majority of Asian countries voted in favour of the Declaration, and none voted against it.39 2. Recognizing Indigenous Peoples as a specific group of rights holders under international law 44. The recognition by States of Indigenous Peoples as a specific group of rights holders under international law is the first step towards the full implementation of their rights. 40 However, the rights of Indigenous Peoples do not derive from States’ recognition. Indigenous Peoples’ rights are inherent rights, which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources. 41 Refusal by States to recognize Indigenous Peoples, or denial by States of their existence, does not take away these rights, but does negatively affect States’ ability to protect them. 45. The adoption of the Declaration by the General Assembly in 2007 marked a historic recognition of Indigenous Peoples as subjects of international law. It is indeed a further important step forward for the recognition, promotion and protection of the rights and freedoms of Indigenous Peoples. 42 In article 38, the Declaration stipulates that States, in consultation and cooperation with Indigenous Peoples, must take the appropriate measures, including legislative measures, to achieve the ends of the Declaration. This requirement for active recognition through appropriate measures is mirrored in the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), which calls for coordinated and systematic action by Governments to protect Indigenous Peoples’ rights, including through legislative and other measures and supervision of the application of such measures, in cooperation with the Indigenous Peoples concerned. 46. In practical terms, recognition by States of Indigenous Peoples involves incorporating their status, as defined by international law, into domestic legal frameworks. Such incorporation could consist of one or few straightforward legal provisions. Alternatively, it could involve reproducing the fundamental rights of Indigenous Peoples in the domestic legal framework. 36 37 38 39 40 41 42 GE.25-12002 A/HRC/24/41/Add.3, paras. 6 and 7. Victoria Tauli-Corpuz, “The concept of Indigenous Peoples at the international level: origins, development and challenges”, in The Concept of Indigenous Peoples in Asia: A Resource Book, Christian Erni, ed. (Copenhagen, International Work Group for Indigenous Affairs; Chiang Mai, Asia Indigenous Peoples Pact Foundation, 2008), p. 81. Asian Development Bank, “Operations manual: Bank policies – Indigenous Peoples”, 13 May 2004. Available at https://www.ppiaf.org/sites/ppiaf.org/files/documents/toolkits/Cross-BorderInfrastructure-Toolkit/CrossBorder%20Compilation%20ver%2029%20Jan%2007/Resources/ADB%20%20Safeguard%20Indigenous%20Peoples.pdf. Only Bangladesh abstained from voting for the Declaration. Anaya, “The rights of Indigenous Peoples to self-determination in the post-Declaration era”, p. 192. Declaration, preamble. Ibid., preamble. 9

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