A/72/186 distinct peoples, with specific cultures and relation to certain lands and territories, and have been subject to marginalization. The problems they suffer, related to their group identity, are similar to those of peoples all over the world that identify as indigenous, and are the types of problems that the Declaration seeks to resolve as a remedial instrument. The work of the African Commission on Human and Peoples ’ Rights, particularly its Working Group on indigenous populations/communities, has been instrumental in advancing a positive dialogue on the recognition of indigenous peoples in the African region. 20 24. The sections that follow contain comments on progress made and challenges remaining within three key spheres that the mandate holder has had the opportunity of assessing in country missions, working visits, exchanges with State representatives, indigenous peoples and others, and through communications work, namely, the development of an adequate legal framework, the adoption and implementation of enabling public policies and the establishment of adequate institutional arrangements. 21 VI. Necessary legal reforms 25. The existence of an adequate legal framework, consistent with international human rights standards, particularly the Declaration, is not per se a guarantee of implementation, but is an important step to establishing a solid basis to build the necessary changes. As noted by my predecessors, even in countries with well developed enabling legal frameworks on the rights of indigenous peoples, there may be “implementation gaps” that impede effective actions. 22 26. The legal framework may consist of a combination of constitutional recognition and specific legal instruments devoted to the rights of indigenous peoples in general or on different sectoral issues. In some cou ntries, such as Canada, New Zealand and the United States of America, treaties were signed between indigenous peoples and States which provide a legal basis for domestic recognition of indigenous peoples’ rights. 23 There is an ongoing discussion of the possibility of development of a treaty in Australia. 24 There are also different kinds of agreements __________________ 20 21 22 23 24 17-12399 Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities, submitted in accordance with the “Resolution on the Rights of Indigenous Populations/Communities in Africa” adopted by the African Commission on Human and Peoples’ Rights at its 28th ordinary session (2005). Since 2007, mandate holders have made official visits to Brazil (2008, 2016), Nepal (2008), Australia (2009, 2017), Botswana (2009), Colombia (2009), the Russian Federation (2009), Guatemala (2010), New Zealand (2010), the Republic of the Congo (2010), the Sápmi region in Norway, Sweden and Finland (2010, 2015), Argentina (2011), New Caledonia, France (2011), El Salvador (2012), Namibia (2012), the United States of America (2012, 2017), Canada (2013), Panama (2013), Peru (2013), Paraguay (2014) and Honduras (2015); and working visits, among others, to Ecuador (2008, 2009), Chile (2009), Panama (2009), Peru (2009), Costa Rica (2011), Suriname (2011) and Honduras (2015), in addition to attending numerous meetings and events in different countries by invitation of Government authorities, the United Nations system, academia, indigenous peoples and civil society organizations. All official country mission reports of mandate holders are available from www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/ Pages/CountryReports.aspx. See A/HRC/9/9 (2008); and E/CN.4/2006/78. See A/HRC/18/35/Add.4 (mission report of the Special Rapporteur on New Zealand (2011), analysing the settlement procedure for the Treaty of Waitangi); A/HRC/27/52/Add.2 (mission report of the Special Rapporteur on Canada (2014), on new agreements and treaty settlements); and A/HRC/21/47/Add.1 (mission report of the Special Rapporteur on the United States of America (2012), section on broken treaties). See A/HRC/36/46/Add.2 (mission report of the Special Rapporteur on Australia (2017), on the outcome of a referendum consultation indicating preference for a treaty). 7/23