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strategies and measures to achieve the ends of the Declaration should be
implemented. 78 This can be done in conjunction with the policies and measures
taken to achieve the Sustainable Development Goals for indigenous peoples.
94. Indigenous governance institutions and justice systems should be
recognized and supported. Permanent intercultural dialogues should be
established to agree on the harmonization of indigenous institutions and justice
systems with the overall institutional structure of the country and with the
ordinary justice system. All necessary measures have to be adopted to ensure
that indigenous peoples have access without discrimination to the justice
system.
95. The enjoyment of the rights of the indigenous peoples to their lands,
territories and resources is central for their survival as distinct peoples. This
requires that special and urgent efforts to ensure that legal, policy and other
measures fully recognize, protect and enforce these rights, including redress
when violations have occurred. In this regard, relevant court decisions should
be complied with.
96. Consultation and free, prior and informed consent are important
safeguards of the fundamental rights of indigenous peoples and essential
elements for establishing a good faith and respectful relation between them and
the States. States and indigenous peoples should jointly develop the measures
deemed necessary to make these rights effective.
97. Urgent measures should be adopted to protect indigenous peoples’ rights
to life and security, particularly when they are exercising or defending their
rights. Impunity for crimes committed against indigenous peoples must end.
Recommendations to the United Nations system
98. The United Nations system has a particular role to play in the
implementation of the Declaration. The Special Rapporteur would like to refer
to the recommendations offered by the mandate holder in thematic and country
reports to this effect, and to the communications and exchanges maintained
with different United Nations bodies. Some key areas of work that could be
considered are:
(a) Promoting awareness at all levels of the Declaration and of the main
problems indigenous peoples face for the full enjoyment of their rights;
(b) Providing technical assistance to States, when requested, which can
include awareness-raising and capacity-building, to ensure implementation of
the Declaration;
(c) Increasing coherence with the United Nations system itself,
particularly among United Nations agencies, funds and entities related to
development issues, to ensure adoption of a human rights-based approach in all
its programmes, projects and activities, including implementation of the
Declaration and the Sustainable Development Goals;
(d) Prioritizing support for indigenous peoples’ own initiatives and
providing support for their participation in decision-making in all actions
developed by the system at the country level which may affect them;
(e) Promoting good faith intercultural dialogue between States and
indigenous peoples on the key issues identified by indigenous peoples;
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General Assembly resolution 69/2, para. 32.
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