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is simply a matter of good faith that States adhere to that expression of commitment
to the norms that indigenous peoples themselves have advanced.
68. Furthermore, even though the Declaration itself is not legally binding in the
same way that a treaty is, the Declaration reflects legal obligations that are related to
the human rights provisions of the Charter of the United Nations, various
multilateral human rights treaties and customary international law. The Declaration
builds upon the general human rights obligations of States and is grounded in
fundamental human rights principles such as non-discrimination, self-determination
and cultural integrity, which are incorporated into widely ratified human rights
treaties, as evident in the work of United Nations treaty bodies. In addition, core
principles of the Declaration can be seen to connect to a consistent pattern of
international and State practice, and hence, to that extent, they reflect customary
international law.
69. Additionally, the Declaration reflects the existing international consensus
regarding the individual and collective rights of indigenous peoples in a way that is
coherent with and expands upon the provisions of the Convention on Indigenous and
Tribal Peoples (Convention No. 169) of the International Labour Organization, as
well as with the interpretations of other human rights instruments by international
bodies and mechanisms. As the most authoritative expression of this consensus, the
Declaration provides a framework of action for the full protection and
implementation of these rights.
70. Thus, the significance of the Declaration is not to be diminished by assertions
of its technical status as a resolution that is not legally binding. In the view of the
Special Rapporteur, implementation of the Declaration should be regarded as a
political, moral and, yes, legal imperative.
3.
Measures needed to implement the Declaration
71. On various occasions the Special Rapporteur has offered comments on
minimum steps that he considers must be taken in order to move forward with the
implementation of the Declaration, beyond its formal endorsement by States.
72. State officials and indigenous leaders should receive training on the
Declaration and the related international instruments and on practical measures to
implement the Declaration. In addition, seminars and conferences should be
organized at the national and local levels to bring together State officials and
indigenous leaders to develop strategies and initiatives for implementation,
including measures to address historical grievances, in the spirit of cooperation and
reconciliation that the Declaration represents.
73. States should engage in comprehensive reviews of their existing legislation
and administrative programmes to identify where they may be incompatible with the
Declaration. This would include a review of all laws and programmes touching upon
indigenous peoples’ rights and interests, including those related to natural resource
development, land, education and administration of justice. On the basis of such a
review, necessary legal and programmatic reforms should be developed and
implemented in consultation with indigenous peoples.
74. States should be committed to devoting significant human and financial
resources to take the measures required to implement the Declaration. Such
measures typically include the demarcation or return of indigenous lands, the
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