A/HRC/24/41/Add.3
consultation. Nonetheless, it is clear that, despite some positive developments, much
more needs to be done to improve the human rights situation of indigenous peoples in
Asia. The Special Rapporteur looks forward to following up with each of the
Governments concerned in relation to their specific country situations.
Recognition of indigenous peoples’ rights
38.
The implementation of the United Nations Declaration on the Rights of
Indigenous Peoples and core international human rights conventions is fundamental
to the promotion and protection of the rights of indigenous peoples. Broader
ratification of International Labour Organization Convention No. 169 concerning
Indigenous and Tribal Peoples in Independent Countries would be of significant
assistance to Governments in the implementation of their human rights obligations
regarding indigenous and tribal peoples in their countries.
39.
Asian States should commit to recognizing the rights of indigenous peoples as
set out in international instruments, irrespective of the terminology used under
national law and policy to identify these groups, and they should be guided by the
manner in which these groups perceive and define themselves. This commitment
should be accompanied by an acknowledgement of the widespread discrimination and
marginalization that these groups face, and their vulnerable status as a result of their
socio-economic and political circumstances.
40.
There is a continued need to develop new initiatives and reform existing ones,
in consultation and in real partnership with indigenous peoples, to conform to
international standards requiring genuine respect for cultural integrity and selfdetermination. In this connection, States should undertake a review of their laws and
policies in light of the United Nations Declaration on the Rights of Indigenous Peoples.
41.
Coordinated and systematic dialogue with indigenous peoples is necessary to
secure their rights. This dialogue should include decision makers at the ministerial
level and result in the sensitization of political leaders to indigenous rights.
Institutional reform of existing government structures affecting the realization of
indigenous peoples’ rights is also important to accomplish in many contexts. Reforms
should address issues around credibility, transparency and capacity of existing
institutional arrangements. Governmental bodies that are responsible for
programmes directly related to indigenous peoples’ rights should be structured so
that they are directly accountable to, and representative of, indigenous peoples, with
any vestiges of paternalism or assimilation eradicated.
42.
All strategies, policies and programmes that have the pursuit of national unity
and development as their objective must be fully consistent with respect for
indigenous peoples’ rights. This implies that all development policies that are
premised on notions of indigenous peoples as primitive and backwards, and in need of
assimilation into mainstream society, should be abandoned and replaced with policies
that recognize these groups as self-determining peoples capable of exercising their
right to choose their own social, cultural and economic development path.
Securing rights to land, territories and resources, with a focus on extractive industries
43.
As with other indigenous peoples throughout the world, securing rights over
land and natural resources for indigenous peoples in the Asia region is fundamental to
their self-determination and is a prerequisite for them to be able to survive as distinct
peoples.
44.
Yet, ownership and control of their lands and territories continue to be denied
to many indigenous communities throughout the Asia region. States should ensure
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