A/HRC/24/49
94.
Mr. Anaya also emphasized that the Declaration specifically calls upon the United
Nations system to promote respect for and the full application of the provisions of the
Declaration, and welcomed initiatives within the various United Nations mechanisms and
agencies to advance the rights of indigenous peoples. He also noted the importance of
involvement by the private sector in implementing the Declaration. This is especially the
case for business enterprises that develop or seek to develop natural resources on or
affecting indigenous peoples’ lands and territories. Mr. Anaya emphasized that the
implementation of the Declaration should involve indigenous peoples and their authorities
and organizations in a spirit of cooperation with States and other relevant actors.
95.
Mr. Sena noted that the Permanent Forum on Indigenous Issues has taken great care
to integrate the United Nations Declaration into its recommendations. He noted with
concern that the implementation of these recommendations has been impeded by a lack of
resources, capacity and the non-binding nature of the recommendations of the Permanent
Forum.
96.
Mr. Sena welcomed the work of the Inter-Agency Support Group on Indigenous
Peoples’ Issues and recognized the role of the Permanent Forum in mainstreaming
indigenous peoples’ issues within the United Nations system. Mr. Sena encouraged
discussion on different approaches for promoting the implementation of the Declaration
with the ultimate aim of promoting the rights of indigenous peoples.
97.
Mr. Cali Tzay highlighted the participation of indigenous peoples in the making of
the Declaration and recognized the need to promote its interpretation in harmony with other
standards that concern the rights of indigenous peoples. He highlighted that the Committee
on the Elimination of Racial Discrimination, when analysing a country report, pays
attention to the implementation of the rights of indigenous peoples, particularly in relation
to the scope of the Convention to combat racial discrimination. He also recalled the
Committee’s general recommendation No. 23 (1997) on indigenous peoples, noting that
although it predates the adoption of the Declaration on the Rights of Indigenous Peoples, it
contains many elements that are covered in the Declaration, such as the rights of indigenous
peoples to education, health, culture, language and spirituality.
98.
Mr. Djamin commented on the complementary role of regional mechanisms and
highlighted the importance of promoting a regional approach to address the rights of
indigenous peoples. Mr. Djamin welcomed the recent adoption of the ASEAN Human
Rights Declaration, which, although it does not specifically mention indigenous peoples,
recognizes the rights of vulnerable and marginalized groups. Regarding the work of the
ASEAN Intergovernmental Commission for Human Rights, Mr. Djamin noted that it is
looking forward to seeking a common understanding about the specific needs of indigenous
peoples in that region. He also highlighted the efforts of ASEAN to close the gap of weak
protection mechanisms and existing laws that have not been adequately implemented at the
national level.
99.
Mr. Gooda highlighted that NHRIs are an exceptional model for advancing the
recognition and protection of the rights of indigenous peoples. He emphasized the positive
example of the Australian Human Rights Commission, which reports directly to Parliament
on an annual basis. This practice serves as a means to ensure that the exercise and
enjoyment of the human rights of indigenous peoples is promoted, advocated and advanced
at every opportunity. He also noted that the Australian Human Rights Commission, in
partnership with the Asia Pacific Forum and OHCHR, is producing a training toolkit for
NHRIs that focuses on the rights of indigenous peoples.
100. Several participants sought the advice of the panel on how indigenous peoples can
collaborate with United Nations mechanisms on indigenous peoples to influence an
increased level of participation of indigenous peoples in future sessions. Participants also
19