A/HRC/33/58
under the National Register of Bilingual Indigenous Lawyers, between 1 January 2013 and
30 June 2016, 198 indigenous lawyers had been trained on a range of indigenous legal
issues, such as land rights of indigenous peoples and communities. The purpose of that
programme was to improve the availability of legal services that were relevant to the
specific legal issues of indigenous peoples, as well as being sensitive to the cultural and
linguistic needs of indigenous peoples.
99.
Good practices highlighted by indigenous peoples included the joint ownership and
management of lands in national parks and programmes to teach indigenous languages to
civil servants.
M.
Use of the studies and advice of the Expert Mechanism
100. The questionnaire posed the following question: “Have the thematic studies and
advice of the Expert Mechanism been used in the formulation of laws, policies and
programmes pertaining to indigenous peoples’ rights?”
101. According to Australia, the thematic studies of the Expert Mechanism provided a
background to support policy and programme development. They also provided an
opportunity to learn from other States and to provide different perspectives. The studies had
not yet been used directly in the formulation of laws, policies and programmes but rather
the information was being used indirectly.
102. Mexico stated that the National Commission for the Development of Indigenous
Peoples was guided by the studies and advice of the Expert Mechanism when carrying out
its work and specific programmes.
103. Several indigenous peoples’ organizations reported that, to their knowledge, the
studies and advice of the Expert Mechanism were not being used by States when
formulating laws and policies concerning indigenous peoples.
III. Concluding comments
104. The Expert Mechanism on the Rights of Indigenous Peoples very much
appreciates the responses of States and of indigenous peoples and indigenous peoples’
organizations to its questionnaire, in particular first-time respondents. The responses
received allow the Expert Mechanism to evaluate some of the advances and challenges
in the implementation of the Declaration from the perspective of both States and
indigenous peoples. However, the Expert Mechanism regrets the relatively low
number of responses received and the fact that many States with indigenous peoples
did not submit any information on their laws, policies and practices related to the
implementation of the Declaration.
105. The majority of responses received from States provide very general
information. While information was provided on laws, policies and programmes
relating to indigenous peoples, there was almost no information indicating the
effectiveness of the measures taken. Most States provided only positive answers to
questions. Answers outlining challenges would also provide a greater understanding
of the barriers faced by States when implementing the Declaration.
106. The responses received suggest that very few States have developed
comprehensive national strategies to implement the Declaration. Given the
interdependence and interrelated nature of the rights contained in the Declaration, its
implementation requires comprehensive approaches and actions, as highlighted in the
outcome document of the World Conference on Indigenous Peoples.
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