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development of culturally appropriate educational programmes, support for
indigenous self-governance institutions and the many other measures contemplated
by the Declaration.
75. The United Nations system and the international community should, as a
matter of the utmost priority, develop programmes to provide technical and financial
assistance to States and indigenous peoples to move forward with these and related
steps to implement the Declaration.. In some instances, existing United Nations and
international cooperation programmes may also have to be reformed so that they are
in line with the goals and objectives of the Declaration.
76. To some extent, these minimum steps to implement the Declaration are already
being taken by some States, in some cases with the backing of United Nations
agencies or international cooperation programmes. The goal is for these initiatives
to take root much more broadly than they have to date and for experiences to be
shared among all relevant stakeholders in order to strengthen these initiatives.
B.
The duty to consult 2
1.
Normative grounds and general character
77. The duty of States to consult with indigenous peoples on decisions affecting
them finds prominent expression in the United Nations Declaration on the Rights of
Indigenous Peoples and is firmly rooted in international human rights law. That duty
is referenced throughout the Declaration in relation to particular concerns and is
affirmed as an overarching principle in article 19, which provides the following:
“States shall consult and cooperate in good faith with the indigenous peoples
concerned through their own representative institutions in order to obtain their free,
prior and informed consent before adopting and implementing legislative or
administrative measures that may affect them.”
78. Like the Declaration, the Convention on Indigenous and Tribal Peoples
requires States to consult with indigenous peoples in good faith with the objective of
achieving their agreement or consent on those aspects of management schemes or
projects that affect them, and calls upon States to carry out consultations with
indigenous communities in connection with a variety of contexts. The duty of States
to effectively consult with indigenous peoples is also grounded in the core human
rights treaties of the United Nations, including the International Convention on the
Elimination of All Forms of Racial Discrimination and the International Covenant
on Civil and Political Rights. At the regional level, the duty to consult arises from
the obligations assumed by States under the American Convention on Human
Rights, as affirmed by the Inter-American Court of Human Rights in a series of
cases.
79. Most fundamentally, the duty to consult derives from the overarching right of
indigenous peoples to self-determination and from related principles of democracy
and popular sovereignty. It responds to the aspirations of indigenous peoples
worldwide to be in control of their own destinies under conditions of equality and to
participate effectively in decision-making processes that affect them. Consistent
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This section summarizes the Special Rapporteur’s examination of the duty to consult in
A/HRC/12/34 (paras. 36-57 and 61-74).
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