A/72/186
visits, allegations received by the mandate holder, independent research, and
exchanges maintained with States, indigenous peoples and others during the past
decade. At the end, some recommendations are presented on necessary steps and
areas that require special attention to ensure that indigenous peoples enjoy the rights
recognized in the Declaration and relevant international human rights instruments.
The Special Rapporteur provides examples and references for the work developed
by the mandate holder to support this aim.
IV. Legal status and aims of the Declaration
8.
Although the present report will focus on implementation, the Special
Rapporteur would like to reiterate some comments on the legal standing of the
Declaration and on the universal human rights principles underlying it. The
Declaration sets a clear normative framework for the mandate. 3
9.
The Declaration, as a declaration of the General Assembly, is a standard setting resolution of profound significance as it reflects a wide consensus at the
global level on the minimum content of the rights of indigenous peoples. 4 Many of
its articles are an extension of binding standards found in various human rights
treaties that have been widely ratified and certain provisions , such as those relating
to the protection against racial discrimination, reflect customary international law.
10. The preamble to the Declaration underlines fundamental aims and principles
which should guide its interpretation and implementation: the nee d to overcome and
repair the historical denial of the fundamental human rights of indigenous peoples,
and the affirmation of the equality of indigenous peoples and individuals to all other
peoples and individuals, paired with their right to be different. T he Declaration
itself can be considered a remedial tool.
11. True reconciliation requires affirmative steps to provide remedy and redress
for indigenous peoples. As stated in the Declaration, this is required inter alia for
the dispossession of their land, territories and resources, for any form of forced
assimilation or integration, for taking cultural, intellectual, religious or spiritual
property, for the deprivation of their means of subsistence as well as for the
development and for the utilization or exploitation of their mineral, water or other
resources. 5 An essential approach for redress in these processes is the consideration
of the collective nature of the impact of such violations and therefore the
incorporation of adequate collective reparation measures. Without definite measures
of remedy, reconciliation cannot be achieved.
12. Furthermore, the Declaration is an instrument aimed at ending the pervasive
racism and discrimination still suffered by indigenous peoples in the enjoyment of
their human rights. Racism and discrimination are prevalent mindsets and attitudes
that prevent the establishment of equal relationships between indigenous peoples
and States, and with the society at large.
13. In this regard, the view that the implementation of t he rights enshrined in the
Declaration amounts to bestowing unjustified privileges on a certain group is a
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3
4
5
4/23
See A/HRC/9/9 and A/HRC/27/52.
See A/68/317.
United Nations Declaration on the Rights of Indigenous Peoples, articles 8, 11, 20 and 28. The
normative interpretation and jurisprudence of human rights treaty bodies and the regional human
rights systems provide solid guidance on effective redress measures. See also the Basic
Principles and Guidelines on the Rights to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law (General Assembly resolution 60/147, 2005).
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