A/HRC/57/62 I. Introduction 1. Pursuant to paragraph 2 (a) of Human Rights Council resolution 33/25, the Expert Mechanism on the Rights of Indigenous Peoples decided at its sixteenth session that its next annual study would be an analysis of constitutions, laws, legislation, policies, judicial decisions and other mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with the provisions contained in article 38 of the Declaration. To that end, the Expert Mechanism held an expert meeting at the University for Peace in Costa Rica in November 2023. The study is informed by the presentations made at the meeting and by the more than 40 submissions from Indigenous Peoples, States, national human rights institutions, civil society organizations, academics and others.1 2. The study includes examples of recent initiatives, measures and developments through which States have taken legislative and other steps, in conjunction with Indigenous Peoples, to achieve the ends of the Declaration, including any challenges and barriers that were faced in the process. It also includes a review of policy decisions concerning Indigenous Peoples, in order to determine the progress made on Indigenous rights at the national level, and identification of good practices, models or approaches adopted by Member States to consult and cooperate with Indigenous Peoples to achieve the ends of the Declaration. It concludes with specific recommendations and advice for both States and Indigenous Peoples. II. Legal framework 3. The United Nations Declaration on the Rights of Indigenous Peoples is an international instrument that affirms the fundamental human rights of Indigenous Peoples across the globe and the formal commitment by the State Members of the United Nations to those human rights aspirations and to work in consultation and cooperation with Indigenous Peoples to uphold and fulfil the interrelated minimum standards affirmed in the Declaration. In 2007, the General Assembly adopted the Declaration, which sets forth a global consensus on the application of universal human rights in the context of Indigenous Peoples. Subsequently, in 2014, all 193 States Members of the United Nations committed to take measures to “achieve the ends” of the Declaration in the resolution they adopted on the outcome document of the World Conference on Indigenous Peoples. 2 The Declaration is legally significant in several ways. First, as an authoritative statement of human rights by the General Assembly, it is an expression of Member States’ obligations to promote and respect human rights under the Charter of the United Nations, where compliance is expected. 3 Similarly, the Declaration is a source of interpretation of States’ obligations under the human rights treaties they have ratified. This assists Member States in the interpretation and understanding of their existing human rights obligations as a matter of international and domestic law in the context of Indigenous Peoples.4 Second, the Declaration places a moral obligation on States to act in accordance with fundamental human rights. Third, the Declaration is a mandatory and relevant consideration in judicial review and, in accordance with the presumption of consistency, as an aid to statutory interpretation. Fourth, by developing a normative character, these provisions may be considered customary international law. 4. Established pursuant to widely ratified human rights treaties, the United Nations treaty bodies that monitor State party compliance with those instruments have frequently referred to the Declaration when interpreting relevant provisions of the treaties in the context of 1 2 3 4 2 The presentations and submissions will be available at https://www.ohchr.org/en/hrcsubsidiaries/expert-mechanism-on-indigenous-peoples/annual-reports. General Assembly resolution 69/2, paras. 7 and 8. E/3616/Rev.1-E/CN.4/832/Rev.1, para. 105. Kristen Carpenter, Edyael Casaperalta and Danielle Lazore-Thompson, “Implementing the United Nations Declaration on the Rights of Indigenous Peoples in the United States: a call to action for inspired advocacy in Indian Country”, University of Colorado Law Review Forum, vol. 91, No. 1 (March 2020). GE.24-13517