A/72/186
V. Assessing progress in implementation
18. Ten years after its adoption, the legal status and aims of the Declaration are
now better understood and accepted by Member States and others. The four
countries that voted against the Declaration have now reversed their position, and
some of the countries that abstained have also made public statements of support.
Moreover, States reaffirmed their commitment to take mea sures to achieve the ends
of the Declaration in consultation and cooperation with indigenous peoples at the
World Conference on Indigenous Peoples in 2014. 15
19. Nevertheless, considering the problems witnessed and the information and
allegations received, the Special Rapporteur assesses the situation of
implementation of the Declaration as one of limited progress. This is particularly
worrisome considering the urgency and seriousness of the threats indigenous
peoples are facing in many countries, compromising not only their dignity and wellbeing but their very survival as distinct peoples.
20. Measuring the effective implementation of the Declaration presents important
challenges. It is difficult to assess the performance of adopted laws or policies
in terms of their contribution to implementing the aims of the Declaration, owing in
part to lack of disaggregated data and adequate indicators that are significant in
terms of indigenous peoples’ rights. 16
21. The Expert Mechanism on the Rights of Indigenous Peoples of the Human
Rights Council undertook a survey of implementation through questionnaires
addressed to Member States and indigenous peoples in 2014. In the report
summarizing their replies on best practices regarding measures and implementation
strategies to attain the goals of the Declaration it is pointed out that the information
provided only allowed for a limited assessment of its implementation. 17
22. The effective implementation of the rights of indigenous peoples requires
States to develop an ambitious programme of reforms at all levels to remedy past
and current injustices. This should involve all the branches of the State, including
the executive, legislative and judiciary, and implies a combination of political will,
legal reform, technical capacity and financial commitment. 18 Implementation of the
Declaration should be measured against compliance with these requirements, and
not on the basis of rhetorical claims of commitment or isolated measures. Moreover,
implementation of the Declaration cannot happen without the full and eff ective
participation of indigenous peoples at all levels of decision making.
23. It must be mentioned that the implementation of the Declaration in Asia and
Africa, and the work of the mandate holder to promote it, face particular obstacles
due to denial by some States of the existence of indigenous peoples within their
borders, on the grounds for example that all the population is indigenous to the
country. The mandate holder has repeatedly referred to this issue stating that, despite
the different terminology employed in many areas, the situation and human rights
issues of certain peoples in those regions is a matter of concern for the mandate
holder and the provisions of the Declaration apply to them. 19 These populations are
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18
19
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General Assembly resolution 69/2, para. 7.
See A/HRC/27/52 (2014); and A/69/267 (2014).
A/HRC/EMRIP/2014/4.
See A/64/338 (2009).
See A/HRC/27/52 (2014); A/HRC/12/34/Add.3 (mission report of the Special Rapporteur on
Nepal, 2009); A/HRC/24/41/Add.3 (report of the Special Rapporteur on the consultation on the
situation of indigenous peoples in Asia, 2013); A/HRC/15/37/Add.2 (mission report of the
Special Rapporteur on Botswana, 2010); and A/HRC/18/35/Add.5 (mission report of the Special
Rapporteur on the Republic of the Congo, 2011).
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