A/HRC/24/51
147. NNTC noted that an intensified effort to create awareness of the Declaration among
Government officials and departments was necessary and could yield positive results in
achieving the goals of the Declaration. As an example, the NNTC explained that the Social
Justice Commissioner of Australia became sensitive to this standard and thus emphasized
the importance of a collaborative partnership between the Government of Australia and
indigenous peoples to develop a sustainable and empowering strategy that fully realizes the
Declaration.
148. Indigenous peoples’ organizations emphasized that best practices would include the
recognition of indigenous peoples in countries where this has not yet occurred; enforcement
of the Declaration and its inclusion in public policies; engagement in consultation processes
with indigenous peoples on matters affecting their lives and activities; provision of support
for the work of indigenous peoples organizations to promote the Declaration;
demilitarization; and access to justice. CEPODRA proposed the creation in Peru of an
intercultural committee in charge of indigenous interests.
V. Concluding comments
A.
General
149. The Expert Mechanism on the Rights of Indigenous Peoples very much
appreciates the responses of States and of indigenous peoples, indigenous peoples’
organizations and non-governmental organizations to its questionnaire, especially
because the responses can provide inspiration to creatively devise strategies to
implement the Declaration.
B.
States
150. The majority of responses received from States provided information at a very
general level. In particular, there was almost no information provided indicating the
effectiveness of the measures taken. Most States only provided positive answers to
questions. Negative answers would also provide greater understanding of the
challenges States face when implementing the Declaration.
151. Many States identified national legislation that recognizes and protects
indigenous peoples’ rights, which the Expert Mechanism acknowledges as a
significant achievement. However, States did not indicate whether there were
sufficient administrative measures in place to ensure that the legal measures result in
effective protection of the rights.
152. While not explicitly stated in the responses to the questionnaire, some States
appear to perceive there to be a struggle to balance the recognition and
implementation of the rights of indigenous peoples as articulated in the Declaration
and the principle of equality. Equality continues to be interpreted by some States to
prohibit specialized programmes aimed at achieving the goals of the Declaration. The
Expert Mechanism stresses that substantive equality can require treating indigenous
peoples as distinct groups facing unique circumstances.
153. Some State responses suggested a vagueness on the definition of indigenous
peoples, including in terms of distinctions between minorities and indigenous peoples.
Some States also indicated that indigenous peoples constituted the numerical majority
within the State and thus did not present any concern for the recognition of their
rights, which, in the view of the Expert Mechanism, is not always the case.
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