A/HRC/24/41/Add.3 (k) Karen, Hmong, Lahu, Mien of Thailand, commonly known as ethnic minorities and officially referred to as “chao khao” or “hill tribes”, and the nomadic sea gypsies or “Chao Lay”; and (l) Tay, Thai, Hmong, Muong and Khmer of Viet Nam, officially referred to as ethnic minorities (dan toc thieu so, dan toc it nguoi). 8. Today these groups are among the most discriminated against, socially and economically marginalized, and politically subordinated parts of the societies of the countries in which they live. Regardless of the controversy around issues of definition and categorization, it is apparent that political actors in Asia agree that there is a need to address the human rights issues facing these distinct peoples, which are issues very similar to those faced by groups unquestionably recognized as indigenous peoples in other parts of the world, and which fall within the sphere of the current international concern for the rights of these peoples. 9. It is worth noting that all of the countries addressed in the consultation supported the United Nations Declaration on the Rights of Indigenous Peoples when it was adopted by the General Assembly in 2007, with the exception of Bangladesh, which abstained from the vote on the Declaration. Although not espousing a fixed definition of the term “indigenous”, the specific relevance of the Declaration, as evident by its terms, and of the various United Nations programmes and mechanisms concerning indigenous peoples, including the mandate of the Special Rapporteur, is to those groups indigenous to a territory that are in non-dominant positions, and that have suffered and continue to suffer threats to their distinct identities and basic human rights in ways not felt by dominant sectors of society. 10. In adopting the Declaration, State Members of the United Nations manifested their support for the Declaration’s call for affirmative and concerted measures to address the disadvantaged conditions of indigenous peoples in accordance with the human rights principles elaborated upon in that instrument. The Special Rapporteur does not question that the Declaration applies to disadvantaged indigenous peoples in Asia, as it does to indigenous peoples elsewhere. III. Overview of human rights issues raised during consultation A. 1. Securing rights to lands and resources in the context of extractive activities Recognition and protection of land and resources rights 11. A principal concern expressed by the participants at the consultation is the lack of adequate regulatory protections for indigenous peoples’ customary rights over land, territories and resources. In many countries throughout the region, there is no specific legislation that recognizes indigenous peoples’ customary land tenure. Even in those States where the regulatory frameworks afford such recognition, significant challenges remain to secure those rights in practice. Implementation of land laws has been found wanting, with slow land demarcation rates and formal procedures that place a heavy burden of proof on indigenous communities to demonstrate ownership. 12. In addition, despite notable jurisprudence in a few Asian countries recognizing the rights of indigenous groups to their customary lands, the gazetting of indigenous lands has been slow and fraught with problems. Some Governments have continued to challenge court decisions recognizing pre-existing rights to customary lands. Misrepresentation of 6