A/HRC/33/58
the World Conference on Indigenous Peoples; however, that must be done in such a way
that it respected and was in compliance with the rights of indigenous peoples.
91.
Some indigenous peoples’ organizations reported that their recognition as distinct
peoples constituted an overarching challenge. Other challenges included a lack of political
will from State authorities, language barriers, gaps in the legal framework and a lack of
financial resources among indigenous peoples’ organizations to carry out their mission.
L.
Best practices
92.
States and indigenous peoples were asked to provide examples of best practices
regarding possible appropriate measures and implementation strategies to attain the goals of
the Declaration. The following practices were described by States in their responses.
93.
Finland was engaging its Government and the Sami Parliament in talks concerning
the World Conference on Indigenous Peoples and was mapping out relevant national action.
It had organized meetings of government representatives with indigenous peoples from
Denmark, Finland, Norway and Sweden, including in relation to the review of the Expert
Mechanism, as well as the participation of indigenous peoples at the United Nations.
94.
In Finland, Metsähallitus was also enhancing measures to strengthen the
participation of the Sami Parliament and the Skolt Sami Village Council in planning the
management and use of State-owned lands and waters in the Sami homeland. It had
developed methods for participatory planning. For example, the management plan for the
Hammastunturi Wilderness Area was based on article 8 (j) of the Convention on Biological
Diversity. Another example of best practice, according to the State, was reflected in section
49 of the Environmental Protection Act (572/2014), which concerned the granting of
environmental permits and imposed the precondition for the granting of such permits that
the planned activities would not weaken the Sami people’s opportunities to carry on
traditional livelihoods or otherwise maintain and develop their cultures.
95.
Denmark and Greenland responded that they worked closely to promote indigenous
peoples rights at the international level. A recent example was the fifteenth session of the
Permanent Forum on Indigenous Issues, where Denmark and Greenland had prepared two
national statements and participated in four joint Nordic statements in support of the rights
of indigenous peoples.
96.
In Australia, the Aboriginal community-controlled health sector was described as a
model of self-determination. The Aboriginal community-controlled health organizations
had the following key attributes in common: they were incorporated Aboriginal
organizations, initiated by local communities, based in local communities, governed by an
Aboriginal body elected by the community and delivering holistic and culturally
appropriate health services to the community. The importance of the Aboriginal
community-controlled health organizations was recognized in the National Aboriginal and
Torres Strait Islander Health Plan 2013-2023 and subsequent implementation plan, which
built on the Declaration and recognized the importance of indigenous partnerships.
97.
The Constitution of Canada recognized aboriginal rights and ensured that the Crown
was responsible for any breach of such rights, which had led to a substantial body of
jurisprudential law in support of aboriginal rights. The Government would also be engaging
with indigenous peoples to develop an action plan to implement the Declaration at the
national level.
98.
Mexico provided a range of examples of best practice that contributed to achieving
the goals of the Declaration. Those examples focused specifically on programmes carried
out by the National Commission for the Development of Indigenous Peoples. For example,
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