A/72/186
indigenous representative organizations. Nevertheless, challenges still remain for
the recognition of indigenous peoples’ own institutions and organizations in many
countries, including restrictive legalisation and registration processes. 56
50. Finally, independent national human rights institutions have a critical role to
play with regard to promoting and monitoring national laws and policies, their
harmonization with international human rights standards, including the Declaration,
and State compliance. Some independent national human rights institutions have
incorporated indigenous members, or sections on indigenous issues, have developed
good monitoring practices, and have promoted dialogue on the rights of indigenous
peoples in their countries. 57 Countries where independent national human rights
institutions have promoted the rights of indigenous peoples include Colombia,
Guatemala, Peru, Australia, Indonesia, Malaysia, Nepal, New Zealand, the
Philippines, Kenya, Namibia and the United Republic of Tanzania.
IX. Priority areas that require urgent attention
51. Notwithstanding the achievements mentioned above in terms of l egal, policy
and institutional frameworks, there are specific priority areas that present serious
challenges for the fulfilment of the aims of the Declaration. This section provides a
brief summary of those priority areas in which progress is more urgently needed,
including references to guidance provided by the mandate holder to this effect.
A.
Lands, territories and resources
52. The Declaration contains a set of collective rights that are fundamental for the
survival of indigenous peoples as distinct peoples, as underlined by international,
regional and national law and jurisprudence. These are their right to self determination and the related rights over their lands, territories and natural
resources, on which the enjoyment of the whole panoply of their human rights
depends. The Declaration states the “urgent need” to respect and promote the
inherent rights of indigenous peoples, “especially their rights to their lands,
territories and resources”. 58 Therefore, it is a serious concern that the most common
complaints brought to the attention of the Special Rapporteur are precisely
violations of indigenous peoples’ collective rights to their lands, territories and
resources.
53. As already mentioned, several countries have developed legal instrume nts and
administrative and other measures to recognize indigenous rights to land and
resources, including processes of land demarcation, title -clearing, dispute
settlement, and others. Yet, even in those countries, implementation of legislation
and policies is inadequate and indigenous peoples continue to be dispossessed of
their traditional lands and resources and forcibly displaced, including by State sponsored infrastructure, agribusiness, extractive projects and conservation
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56
57
58
14/23
See A/HRC/21/47/Add.2 (2012); A/HRC/24/41/Add.1 (2013); and A/HRC/27/52/Add.4,
communication with Bolivia.
See A/HRC/18/35/Add.4; A/HRC/27/52/Add.2; and A/HRC/36/46/Add.2.
United Nations Declaration on the Rights of Indigenous Peoples, preamble.
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