A/HRC/27/67
enforcement of the Declaration and its inclusion in public policies; engagement in
consultation processes with indigenous peoples on matters affecting their lives and
activities; provision of support for the work of indigenous peoples’ organizations in
promoting the Declaration; demilitarization; and access to justice. The Centro de
Promoción y Desarrollo Rural Amazónico proposed the creation in Peru of an intercultural
committee in charge of indigenous interests.
IV. Concluding comments
162. The Expert Mechanism on the Rights of Indigenous Peoples very much
appreciates the responses of States and of indigenous peoples, indigenous peoples’
organizations and NGOs to its questionnaire, especially because the responses can
provide inspiration for creative strategies to implement the Declaration.
A.
States
163. The majority of responses received from States provided information at a very
general level. In particular, there was almost no information indicating the
effectiveness of the measures taken. Most States only provided positive answers to
questions. Negative answers would also provide greater understanding of the
challenges States face when implementing the Declaration.
164. Many States identified national legislation that recognized and protected the
rights of indigenous peoples, which the Expert Mechanism acknowledges as a
significant achievement. However, States did not indicate whether there were
sufficient administrative measures in place to ensure that the legal measures result in
effective protection of those rights.
165. Although several States reported on sectoral initiatives to implement provisions
of the Declaration, only a limited number of States had introduced comprehensive
strategies or action plans for the full implementation of the Declaration. The rights
contained in the Declaration are interdependent and interrelated and as such, their
implementation requires comprehensive approaches and actions.
166. While not explicitly stated in the responses to the questionnaire, some States
appeared to perceive a struggle to balance the recognition and implementation of the
rights of indigenous peoples, as articulated in the Declaration, and the principle of
equality. Equality continues to be interpreted by some States as prohibiting
specialized programmes aimed at achieving the goals of the Declaration. The Expert
Mechanism stresses that substantive equality may require treating indigenous peoples
as distinct groups facing unique circumstances.
167. Some State responses suggested that they were vague about the definition of
indigenous peoples, including in terms of distinctions between minorities and
indigenous peoples. Some States also indicated that indigenous peoples constituted the
numerical majority within the State and thus did not present any concern for the
recognition of their rights, which, in the view of the Expert Mechanism, is not always
the case. Conversely, other States indicated that no groups within the State fitted the
definition of indigenous peoples.
168. One challenge raised was the attempt by a few persons and NGOs to undermine
the land titling and demarcation process by advising indigenous peoples to claim more
lands than they traditionally occupied, reject the process of titling and demarcation
and/or to make no request for such demarcation. Such frustration indicates that a
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