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 __________________ 15 16 17 18 19 6/23 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). 17-12399

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