A/HRC/57/62
was established jointly by Indigenous Peoples and governments. Indigenous Peoples
participated fully from the outset. In June 2015, the Commission announced the release of its
summary report which included 94 calls to action. They were intended to form the blueprint
for reconciliation in the future and called upon all levels of government – federal, provincial,
territorial and municipal – to make fundamental changes in policies and programmes in order
to repair the harm caused by residential schools. In total, 12 of the 94 calls to action
specifically referenced implementing the Declaration. By tying itself and the concept of
reconciliation directly and intrinsically to the Declaration, the Commission challenged all
levels of Canadian government and society to throw off the legacy of colonialism and fully
implement the Declaration.
75.
In Finland and Sweden, truth and reconciliation commissions have been established
and their work is currently under way. The report of the Truth and Reconciliation
Commission of Norway, issued in June 2023, contains a set of recommendations that revolve
around five main pillars on which the reconciliation process must be based: knowledge and
communication, language, culture, prevention of conflicts and implementation of regulations.
The Commission suggests follow-up on how to bring Norwegian legislation into accordance
with international obligations concerning land rights, among others. As a result, coordination
actions among Sami Peoples have taken place in order to ensure implementation of the
recommendations.102
76.
The Waitangi Tribunal in New Zealand is a standing commission of inquiry that
makes recommendations on claims brought by Māori relating to legislation, policies, actions,
inactions or omissions of the Crown that are alleged to breach the Treaty of Waitangi. In its
final report (WAI 2417), the Tribunal devoted a preliminary chapter to the Treaty and the
United Nations Declaration on the Rights of Indigenous Peoples. It includes recognition of
the Declaration’s “significant normative weight” and justifications for interpreting Treaty
principles in accordance with the Declaration.103 However, the new Government reportedly
intends to review the role of the Waitangi Tribunal.104
H.
Measures taken to uphold the rights of Indigenous Peoples in
international forums and mechanisms
77.
The adoption of the Declaration has allowed for changes to take place at the global
level. It paved the way for direct participation by Indigenous Peoples in the different
processes that are dealing with issues relevant to them. It should be noted that even before
the Declaration was adopted in 2007, international bodies were increasingly recognizing the
need to include Indigenous Peoples in those processes.105 They include both thematic forums,
such as meetings concerning the United Nations Framework Convention on Climate Change,
and human rights bodies. In relation to the jurisprudence of the United Nations human rights
treaty bodies, numerous recommendations and observations have come from various bodies,
including the Committee on the Elimination of Racial Discrimination, the Human Rights
Committee and the Committee on Economic, Social and Cultural Rights.
78.
In 2018, Ibero-American States and Indigenous Peoples developed the
Ibero-American Action Plan for the Implementation of the Rights of Indigenous Peoples. It
promotes common objectives and coordinates programming between national authorities and
Indigenous Peoples, with the participation of Indigenous women and youth, and with regional
and global bodies present in the region.106
79.
Indigenous Peoples participated in the United Nations Conference on Environment
and Development (Earth Summit) and have taken part in the Conferences of the Parties to
the United Nations Framework Convention on Climate Change for many years. In 2000,
Indigenous Peoples were formally recognized as a constituency and the International
102
103
104
105
106
16
Presentation by Eirik Larsen at the expert meeting, November 2023.
Submission from New Zealand Human Rights Commission, November 2023.
Submission from New Zealand Human Rights Commission, January 2024.
Presentation by Minnie Degawan at the expert meeting, November 2023.
Submission from Spain (in Spanish).
GE.24-13517