A/HRC/27/67
85.
A few States indicated that one challenge they had experienced was a lack of
information on how to implement the Declaration. In particular, there was an identified
need to improve mechanisms for dialogue and information exchange between the State and
indigenous peoples.
86.
One State cited the lack of a consensus on the meaning of terms, such as selfdetermination, sovereignty and free, prior and informed consent, as an impediment to the
practical implementation of the Declaration. One State identified the need for the
implications of self-determination to be clarified, including how it could be implemented in
practical policies.
87.
Another main challenge identified was the cost of implementing the Declaration and
the limited resources available to undertake this work. Funds would be necessary in order to
implement different strategies to meet the objectives of the Declaration. Specifically, the
cost of land demarcation and titling was identified. One State indicated that the remoteness
of indigenous communities posed challenges to access to, and timely delivery of, goods and
services, as well the prohibitive costs of delivering those goods and services. In addition,
there were challenges in preserving and publishing materials in all of the many indigenous
languages that might exist within a single State.
88.
Another challenge identified was the need for regional variances in implementation.
Specifically, the policies of each Government were not organized in the same manner.
Moreover, each indigenous people had its own history, culture, needs and perspectives.
89.
One State indicated that it was a challenge to develop national legislation. Further,
there was a need to incorporate and implement international commitments in public
policies. One State also expressed concern because there was a need to ensure that policies
developed for indigenous peoples also contributed to the development of society in general.
90.
One State indicated that it was a challenge to ensure consistency across the states of
a federation, owing to the constitutional division of legislative powers between federal and
state Governments.
91.
A major challenge that was discussed was in relation to the monitoring and
enforcement of laws, particularly mining and forestry laws. One State indicated that it was
a challenge to prevent unethical foreign researchers and NGOs from misappropriating the
intellectual property rights and traditional knowledge of indigenous peoples.
92.
Some States did not identify any challenges but rather reiterated the rights enjoyed
by indigenous peoples within the State.
93.
One State indicated that government programmes and policies were not enough to
attain the goals of the Declaration and underlined the need for the indigenous community to
be more engaged.
F.
Best practices
94.
In their responses, States indicated many measures and best practices for
implementing the Declaration. To fully realize the goals of the Declaration, Governments
needed to commit to an ongoing implementation process and continue building on
achievements. Implementation of the Declaration would need to respond to the
particularities and historical and cultural backgrounds of the indigenous peoples concerned.
States that did not have indigenous peoples within their borders could use the Declaration
as a framework for development assistance.
95.
Where treaties, agreements and other constructive arrangements already existed,
those instruments could provide the foundation for partnership, mutual respect, cooperation
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