A/HRC/18/43
obligation of free, prior and informed consent could be implemented by States and indigenous
peoples in cooperation with one another.
VI.
Declaration on the Rights of Indigenous Peoples
37.
Dr. Littlechild noted the inclusion of the Declaration on the Rights of Indigenous
Peoples in Human Rights Council resolution 6/36, in which the Council established the Expert
Mechanism. He commended Canada and the United States of America for changing their
positions of opposition to the Declaration to support and endorsement, and called on the States
that had abstained from voting on the Declaration to also endorse it.
38.
Dr. Littlechild explained that the Declaration had been long-awaited and constituted a
framework for reconciliation and a remedial instrument to overcome indigenous peoples’
historic marginalization and to restore respectful relationships. The Declaration must inform all
of the studies and work of the Expert Mechanism. The Expert Mechanism would work
collaboratively with the Special Rapporteur, the Permanent Forum on Indigenous Issues and all
United Nations agencies and programmes to ensure that the rights in the Declaration were
realized.
39.
The Special Rapporteur on the rights of indigenous peoples addressed the Expert
Mechanism, first congratulating the Expert Mechanism on its study on indigenous peoples and
the right to participate in decision-making as providing well-grounded guidance to the
international system. He urged States to examine the study to guide them with regard to laws
and policies associated with this fundamental right. He noted especially the call for a
permanent mechanism for consultations with indigenous governance bodies.
40.
The Special Rapporteur then reported on his activities over the past year with regard to
the Declaration on the Rights of Indigenous Peoples as the principal normative framework for
his work and reflecting a global consensus on the rights of indigenous peoples. He explained
his activities with regard to encouraging good practices in the implementation of the
Declaration, country reports, responses to allegations of infringement of the rights of
indigenous peoples and his thematic studies. With regard to the latter, the Special Rapporteur
noted that his 2011 report would address concerns about extractive industries. His consultations
to date illustrated that there were conflicting views about the potential adverse effects and
benefits of extractive industries in indigenous territories. He considered that it would be helpful
to develop specific guidelines or principles to assist States, including in relation to indigenous
peoples’ participation in and control over the design and implementation of project activities.
41.
The Chairperson-Rapporteur recalled that the Declaration was the normative framework
guiding the work of the Expert Mechanism and that the challenge of achieving the effective
implementation of the Declaration at all levels remained. He welcomed constructive
suggestions for the proposals of the Expert Mechanism to be submitted to the Human Rights
Council.
42. Several States and organizations made comments with regard to the implementation of
the Declaration on the Rights of Indigenous Peoples. Participants commented that United
Nations agencies should provide advice and technical assistance to support local, regional and
national implementation of the Declaration. Good practices of implementation were
highlighted, such as the constitutional endorsement of specific rights in the Declaration by
some States. Indigenous peoples raised the importance of the recognition of the right of
indigenous peoples to self-determination as central to the implementation of the Declaration,
as well as free, prior and informed consent in relevant circumstances, and suggested creating a
database on specific measures taken to implement the Declaration, including best practices,
and the establishment of national plans of action and activities to promote broader public
awareness of and education related to the Declaration. Some called for the translation of the
Declaration into indigenous languages, and the distribution of the Declaration to regional
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