A/HRC/60/29 I. Introduction 1. The twentieth anniversary of the adoption, in 2007, of the United Nations Declaration on the Rights of Indigenous Peoples is approaching. The Declaration provides a framework for the recognition of Indigenous Peoples and establishes minimum standards for the protection of their rights worldwide. It has enhanced constitutional and legal recognition of Indigenous Peoples in various countries across the world. 2. However, misunderstanding of the meaning of the term “Indigenous Peoples” continues to hamper the implementation of the Declaration. In Africa and Asia, in particular, many States are still hesitant to recognize Indigenous Peoples, as they misunderstand the term as divisive or seeking to privilege certain groups over others. 3. The present report by the Special Rapporteur on the rights of Indigenous Peoples is not aimed at experts in Indigenous Peoples’ rights. The purpose of the report is rather to present foundational concepts and principles concerning Indigenous Peoples and their rights, to facilitate understanding and adoption of these concepts by States that are facing challenges in their understanding. 4. The term “Indigenous Peoples” has become a human rights call for justice. It is a demand for redress, made by distinct peoples that suffered or continue to suffer historical injustices, grounded in racial discrimination, which led to loss of their ancestral lands and distinct culture. The Declaration was formulated to address this injustice and foster reconciliation and partnership between Indigenous Peoples and States. 5. States should recognize Indigenous Peoples as specific rights holders under international law. However, State recognition neither creates Indigenous Peoples nor grants them their rights. The rights of Indigenous Peoples are guaranteed under international law, and they are binding on States regardless of recognition in domestic laws. Refusal by a State to recognize Indigenous Peoples, or denial by a State of their existence on its territory, does not diminish the rights held by Indigenous Peoples. 6. The report provides regional contextualization of the concept of “Indigenous Peoples” in Africa and Asia. It also addresses the conflation of Indigenous Peoples with local communities, which contributes to misunderstandings and can undermine the recognition of Indigenous Peoples by States. II. States’ obligation to recognize Indigenous Peoples 7. States have the obligation to recognize Indigenous Peoples as particular subjects of international law, and holders of specific rights under international law. Without such recognition, States cannot fulfil their international obligations under the Declaration 1 and other international instruments. However, international human rights law is not prescriptive as to the model through which Indigenous Peoples must be recognized. The aim of the present report is to provide recommendations for closing this outstanding human rights gap. 8. In the present section, the legal framework for recognition is outlined, the implementation steps are detailed and the negative effect of conflating Indigenous Peoples with local communities on recognition is examined. A. Normative framework of the obligation of States to recognize Indigenous Peoples 9. The Declaration is premised on an acknowledgement of the historical injustices that Indigenous Peoples have suffered. It constitutes a reaffirmation the obligation of States to recognize Indigenous Peoples as rights holders, including of the right to self-determination, to overcome past and present patterns of discrimination.2 1 2 2 Declaration, preamble and art. 38. See ibid., preamble. GE.25-12002