A/HRC/27/67
12.
While El Salvador does not have a specific strategy for its implementation, the
Declaration is part of the normative framework for a draft policy on indigenous peoples
developed in 2013.
13.
Despite not having a formal strategy for implementing the Declaration, Australia
cited the Apology of 2008 to Australia’s indigenous peoples, and in particular to the stolen
generations, as a symbolic gesture signalling its commitment to implementing the
Declaration. In addition, Australia indicated that the principles of the Declaration were
consistent with “Closing the gap”, the Government strategy to address indigenous
disadvantage. Discussions are under way for the recognition of indigenous Australians in
the constitution.
14.
Germany and Switzerland indicated that while they did not have indigenous peoples
within their borders, their foreign development policies recognized the Declaration as a
standard for indigenous peoples.
15.
The majority of States did not provide details on the scope and nature of their
national implementation plans in their responses. Nor did they indicate how those laws and
policies were developed, or whether they had been developed in consultation with
indigenous peoples.
B.
1.
Legal, policy or other measures adopted especially to implement the
rights in the Declaration
All the rights in the Declaration
16.
On 7 November 2007, the Plurinational State of Bolivia passed Law No. 3760 on the
United Nations Declaration on the Rights of Indigenous Peoples. In its response to the
questionnaire, Bolivia provided extensive information on laws and programmes that are
relevant to the implementation of the Declaration, including in the areas of education and
languages, communications and media, housing, economic policies, food security, land and
agricultural development, justice and women’s rights in the administration of justice,
human rights, land, water, consultation processes, decolonization and processes to reduce
patriarchy.
17.
Chile also provided a comprehensive overview of measures to implement the rights
set out in the Declaration, focusing on the five areas noted in paragraph 11 above. Those
measures ranged from laws to policies and programmes.
18.
In 2011, the Congo passed law No. 5-2011 for the promotion and protection of the
rights of indigenous peoples, which incorporates the fundamental principles of the
Declaration. The law addresses many areas, including consultation, the right of indigenous
peoples to administer their internal affairs and have recourse to traditional customs to
resolve internal conflicts, the protection of customs and traditional institutions, intellectual
property relating to traditional knowledge, the protection of sacred sites, education and
individual and collective property rights.
19.
The National Commission for the Development of Indigenous Peoples of Mexico
has as one of its principal objectives the harmonization of federal and state-level laws with
respect to the rights of indigenous peoples. It has referenced the Declaration in its work in
this area.
20.
The “Closing the gap” strategy in Australia sets benchmarks for ending educational
disadvantage for indigenous children, which Australia believes is a key priority area for the
implementation of the Declaration.
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