A/HRC/57/62 F. Mechanisms for monitoring implementation at the national and regional levels 70. As the Expert Mechanism has underscored previously, in realizing article 38 of the Declaration, there is a need for States to establish monitoring bodies that can build political momentum towards the advancement of the rights of Indigenous Peoples across society.94 The Special Rapporteur on the rights of Indigenous Peoples has recommended that States, together with Indigenous Peoples, carry out strategic planning and develop monitoring mechanisms and indicators to identify practical steps for the implementation of the human rights standards set out in the Declaration and for its effective implementation. 95 Legislation on national action plans can provide a road map for effective implementation. 71. In New Zealand, when developing the national plan of action to implement the Declaration, Indigenous Peoples examined several elements, in accordance with the advisory note of the Expert Mechanism following its country engagement in 2019. 96 One element was how the Treaty of Waitangi, the 2016 report of the Independent Working Group on Constitutional Transformation and the standards contained in the Declaration were being applied to government work programmes. Another element was consideration of the positive impact for the Government, whanau (extended family or community of related families who live together), hapu (division of a Māori people or community), iwi (Māori community or people) and Māori of improved investment in Māori development and outcomes. A third was how to measure the success of the plan.97 72. In Canada, the 2021 federal Declaration Act required the Government to table an action plan and to publish annual progress reports. The action plan was issued in June 2023, after the Government had engaged in a series of consultations with First Nations, Métis and Inuit representatives. It includes 181 measures for implementing the Declaration, including monitoring its implementation and reviewing and amending the plan. However, Indigenous Peoples in Canada, including groups of Indigenous women, have expressed the view that insufficient time was provided for consultations, that the action plan lacks detailed implementation measures and that it does not call for certain specific legislative or policy amendments.98 Indigenous Peoples indicate that one of the lessons learned from the process is that more collaboration will be required in the reporting process. 99 This includes calls for independent and adequately funded mechanisms that have an arm’s-length relationship to government, are led by Indigenous Peoples and can ensure transparency in all assessment and reporting.100 G. Measures taken to implement recommendations from existing national inquiries and commissions 73. Truth and reconciliation commissions have emerged as a key mechanism to address past wrongs and to prevent future violations.101 A fundamental step is the analysis of actions to respond to the final reports, conclusions and recommendations that may yield constructive examples of implementation. 74. A key example of commissions established to specifically address the rights of Indigenous Peoples is the Truth and Reconciliation Commission of Canada, a process that 94 95 96 97 98 99 100 101 GE.24-13517 A/HRC/EMRIP/2023/3. A/HRC/27/52, para. 63. See https://www.ohchr.org/en/hrc-subsidiaries/expert-mechanism-on-indigenous-peoples/countryengagement. Presentation by Kim Hamilton at the expert meeting, November 2023. A/HRC/54/31/Add.2, paras. 10 and 11. See also submissions from Manitoba Keewatinowi Okimakanak, Inc., Ontario Native Women’s Association and Native Women’s Association of Canada. Presentation by Gordon Christie, University of British Columbia, at the expert meeting, November 2023. Submission from Coalition for the Human Rights of Indigenous Peoples. A/HRC/EMRIP/2019/3/Rev.1, para. 46. 15

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