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85. The Declaration offers a historical opportunity to change the relationship
of Member States with indigenous peoples from one of exclusion and
marginalization into one of reconciliation, cooperation and respect. The
adoption of the Declaration was, by itself, a first step by Member States, to
start this new relationship and remedy past injustices and their contemporary
consequences.
86. Ten years after its adoption, and in spite of the reaffirmation of the
commitment to the Declaration made at the World Conference on Indigenous
Peoples in 2014, the Special Rapporteur has to conclude that there has been
limited progress in the actual implementation of the rights of indigenous
peoples. This is observed in particular with regard to the core rights of
indigenous peoples to self-determination and their rights to their lands,
territories and resources. This conclusion is based on the work of the mandate
holder since 2007.
87. The only way to move forward is by taking actions in good faith. This
entails the holding of intercultural dialogues that are inclusive and carried out
with full respect for international human rights standards. This is not to say
that there has not been any progress. Many of the gains achieved so far have
been outlined in the earlier sections of this report. It has to be recognized that
most of these gains have been achieved because of the heightened awareness
among indigenous peoples of their rights enshrined in the Declaration. They
have actively organized themselves and engaged with Governments to push for
the implementation of the Declaration. However, these gains do not match the
expectations of indigenous peoples in terms of changes that could have taken
place through an effective implementation of the Declaration.
88. The Special Rapporteur wishes to summarize a set of areas to which
Member States should pay special attention in the development of the necessary
legal, policy and other measures to implement the Declaration. The mandate
holder has provided detailed recommendations on actions to be taken in all
these areas, as referenced throughout the report, which could be referred to for
further guidance. The Special Rapporteur hopes that the implementation of the
recommendations offered by the mandate holder during the past decade can
provide useful guidance to States and non-State actors.
Recommendations
89. Recognition of indigenous peoples as distinct peoples entitled to the
collective and individual human rights enshrined in the Declaration is a
precondition for its implementation.
90. All measures and actions should be developed in cooperation with
indigenous peoples, as stated in the Declaration.
91. Domestic legal frameworks should be reviewed in order to ensure
coherence with international human rights standards on the rights of
indigenous peoples. New legislation should be developed where necessary
or existing legislation amended. Any provisions which contravene the rights of
indigenous peoples should be repealed.
92. Public policies must be put in place as part of a coordinated and
systematic action of the State to empower indigenous peoples to control their
own destiny, through support for their own development priorities.
93. The recommendation in the outcome document of the World Conference
on Indigenous Peoples which urged States to develop national action plans,
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