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indigenous peoples. The Special Rapporteur takes particular note of the important
work of the OHCHR regional and country offices in Latin America in this regard.
25. However, the Special Rapporteur finds that there is still much work to be done
to orient the programmes and staff within the United Nations system to respond
effectively to the concerns of indigenous peoples in accordance with their
internationally recognized rights. In addition, concerns are raised on a consistent
basis by indigenous peoples and their representatives that decisions made within
United Nations processes for the development of new multilateral treaties and other
instruments, or for establishing new programmatic initiatives, could have the effect
of undercutting or revoking the gains that have been made at the international level.
B.
United Nations Declaration on the Rights of Indigenous Peoples:
the principal benchmark for United Nations action affecting
indigenous peoples
26. In the preamble to the Declaration on the Rights of Indigenous Peoples, the
General Assembly emphasizes that the United Nations has an important and
continuing role in promoting and protecting the rights of indigenous peoples. In
view of this special role, the Declaration provides, in articles 41 and 42, that the
organs and specialized agencies of the United Nations system and other
intergovernmental organizations should contribute to the realization of the
provisions in the Declaration through financial and technical assistance; that ways
of ensuring the participation of indigenous peoples on issues affecting them should
be established; and that the United Nations, its bodies and agencies and Member
States should promote respect for and application of the Declaration as well as
follow-up on its effectiveness.
27. Although the Permanent Forum on Indigenous Issues is specifically mentioned
in article 42 of the Declaration, the mandate to promote respect for the Declaration
clearly applies throughout the United Nations system and in particular to United
Nations institutions that in some way touch upon indigenous issues.
28. Having been adopted by the General Assembly, the Declaration sets the
standards that are to be applied by the various components of the United Nations
system in relation to indigenous issues, taking into account the pre-eminence of the
General Assembly in defining the overarching normative parameters of the system,
in accordance with the Charter of the United Nations. Through the Declaration, the
General Assembly directs the organs and agencies of the United Nations, under the
mandatory terms of articles 41 and 42, to promote the implementation of the
operative provisions of the Declaration. That mandate necessarily includes the lesser
requirement of conduct in compliance with the Declaration.
29. In recent years, some United Nations institutions have adopted new policies,
programmes or guidelines, or amended existing ones, regarding indigenous peoples
in ways that are generally — but not in all respects — consistent with the principles
and rights affirmed in the Declaration. These include, among others, the UNDP
policy of engagement with indigenous peoples and the guidelines on indigenous
peoples’ issues developed by the United Nations Development Group, which are
designed to assist the United Nations system to mainstream and integrate indigenous
peoples’ issues into processes for operational activities and programmes at the
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