E/2009/43
E/C.19/2009/14
20. When the Permanent Forum develops working methods for fulfilling its new
article 42 responsibility, one should accordingly look to the system established for
other rights of a human rights character. The treaty bodies of the human rights
conventions should be regarded as models for the Forum.
21. This interpretation implies an authority to arrange dialogues with States
regarding application of the Declaration and, thereafter, to follow up on its
effectiveness by making conclusions relating to each State’s behaviour in the
context of the Declaration, containing criticism on implementation gaps and
demands for reforms. This interpretation furthermore implies that States have a duty
to respond to a demand by the Forum for dialogue on the Declaration. Article 42
does not expressly empower the Forum to summon States to appear in the meetings
of the Forum and answer the questions put by the members. The Forum may
accordingly decide for practical and political reasons not to put this conclusion to
the test in the beginning and, rather, advance along a voluntary road in relation to
the States.
22. These dialogues should have information provided by Governments on their
national policies and practices as a principal basis. Creative ways should be
developed for the substantive preparation of dialogues, such as dispatching to States
a questionnaire regarding implementation. Such reports on indigenous peoples will
need to be produced according to article 38 of the Declaration, in consultation and
cooperation with indigenous peoples. Information from indigenous peoples
organizations, from various non-governmental organizations and from Forum
members must also be included as important supplementary material. The aim
would be to organize a formally structured and substantially constructive dialogue
followed by concluding remarks from the Forum.
23. The Forum shall integrate the Declaration into its recommendations on the six
substantive mandated areas of its work as well as in its work under the special
theme for the relevant sessions and its ongoing themes and priorities. In doing so,
the Forum should consider not only the articles of the Declaration but also the
preambular paragraphs.
24. The Forum shall, as one of the three United Nations mechanisms with specific
mandates to address indigenous peoples, collaborate and coordinate its work with
the Special Rapporteur on the situation of human rights and fundamental freedoms
of indigenous peoples, and with the Expert Mechanism on the Rights of Indigenous
Peoples, in order to ensure maximum complementarity of efforts. These three
mechanisms have the challenge of promoting the application and the effectiveness
of the Declaration throughout the bodies and agencies of the United Nations.
25. The Forum shall, according to article 42, look to the Declaration as a set of
superior norms that ought to be effectively applied in all national jurisdictions.
Thereby, the Declaration will gain in the workings of the Forum a superior status in
relation to national law. Moreover, it is the duty of the Forum to spread this view all
over the world.
09-36351 (E) 300609
*0936351*
22
09-36351