A/HRC/24/51
F.
Best practices
86.
In their responses, States indicated many measures and best practices for
implementing the Declaration on the Rights of Indigenous Peoples. To fully realize the
goals of the Declaration, Governments need to commit to an ongoing implementation
process and continue building on achievements.
87.
Where treaties, agreements and other constructive arrangements already exist, these
instruments can provide the foundation for partnership, mutual respect, cooperation and
good faith between States and indigenous peoples. The Nouméa Accord between France
and the Kanaks of New Caledonia recognized the harmful effects of colonization, returned
confiscated land to the indigenous peoples, provided full participation of Kanak people in
decision-making, and established a consultation process.
88.
Chile’s approach to hold regional round tables for a “historic reunion” is an example
of a process to create a national plan to attain the goals of the Declaration. Government,
churches, civil society organizations, and indigenous representatives participated in these
roundtables. The goals were to build trust and identify topics that are important to
indigenous peoples.
89.
Many States set out a multi-pronged approach to implementing the rights in the
Declaration. Some States used constitutional, legislative and policy measures to implement
the Declaration. Some States drafted new legislation, amended existing legislation, created
new programmes and initiatives, and increased involvement in international indigenous
issues. This multi-pronged approach can include a special law recognizing the rights of
indigenous peoples, which is developed with the effective participation of indigenous
peoples based on the principle of free, prior and informed consent.
90.
The Plurinational State of Bolivia particularly demonstrated good practices of
gender equality by recognizing the need to ensure that programmes specifically target and
benefit indigenous women. As part of its strategy to address violence against indigenous
women, the national plan of Australia includes strengthening indigenous communities
through the fostering of leadership of indigenous women within communities and broader
Australian society.
91.
States can work with United Nations agencies to substantially improve the situation of
indigenous peoples, especially with those agencies providing technical assistance. Chile
identified the need for ongoing support by the international community in the implementation
of strategies to achieve the Declaration, especially in studying and publicizing best practices
to assist States in achieving the goals of the Declaration. Norway demonstrated good practice
by responding to the report of the Special Rapporteur on the rights of indigenous peoples
(A/HRC/18/35/Add.2), indicating how the Government plans to follow up the
recommendations.
92.
Many States pointed to the relationship between the Declaration and other
international human rights treaties, including ILO Convention No. 169, the International
Covenant on Civil and Political Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination and the European Convention for the Protection of
Human Rights and Fundamental Freedoms, in the promotion and protection of indigenous
peoples’ rights.
93.
The African Commission on Human and Peoples’ Rights and the United Nations
Special Rapporteur on the rights of indigenous peoples supported the Congo in the adoption
of the special law for indigenous peoples. Technical assistance from the international
community, including information and capacity-building, will, in the opinion of some
States, significantly benefit and improve implementation.
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