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develop adequate public policies to comply with this commitment. For some
countries, the role of the donor community in this regard is important. Cooperation
and aid should explicitly conform to the Declaration as the standard to be applied in
the activities supported in relation to indigenous peoples. Several States have
developed guidelines and other instruments framing their aid and cooperation
activities within the Declaration, such as Australia, Denmark, Germany, Spain and
Switzerland.
42. In line with the Declaration, the mandate holder has consistently underlined
the key right of indigenous peoples to decide their own development path, and to
maintain their own systems and institutions, including in the fields of economic
activities, education, health and activities related to multilateral environmental
agreements. 49 Therefore, priority should be given to supporting indigenous peoples ’
own initiatives.
43. While there are some good practices of indigenous -led initiatives supported by
States, it remains a serious concern that certain traditional livelihoods and
indigenous economic practices are still disregarded and marginalized in many
countries, in disregard of article 20 of the Declaration. This is the case with
traditional pastoralism in eastern Africa, hunting and gathering, traditional
agricultural practices such as shifting cultivation in South-East Asia, small-scale
traditional fishing in many coastal areas, or reindeer -herding in the Arctic.
Moreover, the contributions of these indigenous livelihoods and economic activities
to the general economy are not adequately valuated and taken into account. The
right of indigenous peoples to continue practising their traditional livelihoods is
often violated in contrast with the protection of the rights and claims of those
dominating the national economy.
VIII. Institutional framework
44. Many countries have established national institutions devoted to indigenous
peoples in order to implement relevant legislation and policies, including in the
countries visited by the mandate holder during the past decade. In spite of the
commitment by staff, and the constructive and proactive role these institutions could
play, many have a low rank among State institutions and are underresourced. Thus,
the capacities of these bodies to perform an effective role in the protection and
implementation of the fundamental rights of indigenous peoples are severely
limited. 50 Some of these institutions incorporate indigenous staff and have
developed good participatory mechanisms for indigenous peoples but, in other
cases, there is no participation of indigenous peoples at all, or the mechanisms in
place to facilitate such participation are not adequate.
45. The establishment of special departments within different Ministries focused
on indigenous peoples and parliamentary commissions on indigenous issues can be
instrumental in the development of appropriate measures to achieve the ends of the
Declaration. Within the justice system, some countries have established specialized
Public Prosecutor’s Offices which play an important role in trying to ensure access
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49
50
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See for example mission reports of the Special Rapporteur on the Republic of the Congo (2011);
Namibia (2013); Paraguay (2015) and the Sápmi region (2016). On State control of indigenous
economic activities for environmental reasons see, for example, the communications sent by the
Special Rapporteur to the Russian Federation (see A/HRC/27/52/Add.4) and Ethiopia (see
A/HRC/9/9/Add.1).
Examples include Fundação Nacional do Índio (FUNAI) in Brazil; Instituto Paraguayo del
Indígena (INDI) in Paraguay; Department of Indigenous and Afro -Honduran Peoples in
Honduras; and Instituto Nacional de Asuntos Indígenas (INAI) in Argentina.
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