A/HRC/24/49
82.
Ms. Lasimbang asked the participants to provide information on whether the Expert
Mechanism should continue with the questionnaire. Some participants recommended that
the Council encourage States to work with indigenous peoples in completing the
mechanism’s questionnaire in a substantive manner. The questionnaire survey seeks the
view of States and indigenous peoples on best practices. Accessing a global scope of
responses is useful in this regard.
83.
Participants underlined the importance of the Declaration as an instrument for
attaining the full realization of the human rights of indigenous peoples and acknowledged
the role of the Expert Mechanism in helping to promote the effective implementation of the
Declaration. Participants also noted that a wide gap continues to exist between the
implementation of the Declaration and its application on the ground. Some participants
expressed regret that some States continue to deny the presence of indigenous peoples
within their borders, and called for the Declaration to be included as one of the bases of the
UPR.
84.
Specifically, participants highlighted challenges concerning the rights of indigenous
peoples to access to justice; issues related to the protection of indigenous peoples’ lands,
territories and resources; the situation of human rights defenders and assassination of
indigenous leaders; the impact of climate change; violence against indigenous women and
their lack of representation in decision-making; and the marginalization of indigenous
persons with disabilities. Some participants also stressed the importance of the role of the
media in the promotion of the Declaration.
85.
Numerous participants and experts raised concerns about the militarization of
indigenous peoples’ lands, territories and resources. Participants also highlighted the impact
of extractive industries and mega development projects in indigenous lands and encouraged
stronger collaboration between the Working Group on the issue of human rights and
transnational corporations and other business enterprises and the three United Nations
mechanisms on indigenous peoples to promote the effective implementation of the
Declaration, including respecting the free, prior and informed consent of indigenous
peoples and the provision of accessible grievance and redress mechanisms.
86.
Participants emphasized that they continue to face challenges in exercising the right
to self-determination and called for dialogue between States and indigenous peoples to
identify and address the barriers to full implementation of the Declaration. Participants also
encouraged the development of comprehensive national strategies that include
constitutional, legislative and policy changes developed and implemented in partnership
with indigenous peoples to attain the goals of the Declaration. Participants also encouraged
States to apply a human rights-based approach with regard to the Declaration.
87.
Participants noted that the Declaration is an essential tool in the protection and
promotion of the rights of indigenous peoples and that implementation of the Declaration
remains a challenge and may require new laws. They also recommended that follow-up to
the implementation of the Declaration should be completed in coordination with the United
Nations system. Participants also recommended that the three United Nations mechanisms
on indigenous peoples work in close collaboration with the human rights treaty bodies to
ensure that clarity with regard to the status of indigenous peoples is secured and clearly
articulated.
88.
States highlighted their efforts to find new ways of translating the rights set out in
the Declaration on the Rights of Indigenous Peoples into concrete benefits for indigenous
peoples. They shared many examples of the programmes and laws developed to implement
the Declaration. States also highlighted public policies that promote the participation,
consultation, self-governance, economic development and entrepreneurship of indigenous
peoples; indigenous cultures; and the overall improvement of living standards of indigenous
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