E/CN.4/2006/78 page 20 II. CONCLUSIONS 80. The foregoing observations and analysis have set out some of the main problems regarding the full implementation of legislation and reforms concerning the promotion and protection of the human rights of indigenous people, with emphasis on areas where rapid and effective intervention is needed to ensure the full enjoyment of these rights. 81. During the last decade numerous constitutional and legislative reforms have been carried out in many countries in which the indigenous peoples and their civil and political rights, and more particularly their economic, social and cultural rights, are recognized. Some of these legislative provisions are broader than others; in some cases recognized rights are limited and subordinated to the interests of third parties or broader national interests. 82. The Special Rapporteur draws attention to two types of problems in such a situation; firstly, there are many cases in which legislation on indigenous issues is inconsistent with other laws. Secondly, in most documented constitutional reforms there is a delay in the adoption of statutory and secondary laws. 83. The main problem, however, is the “implementation gap” that is, the vacuum between existing legislation and administrative, legal and political practice. This divide between form and substance constitutes a violation of the human rights of indigenous people. To close the gap and narrow the divide is a challenge that must be addressed through a programme of action for the human rights of indigenous people in the future. 84. Part of the problem is to be found in the legislative formalities themselves, in the membership of legislatures, in the scant representation and participation of indigenous people in legislative work, in the lack of consultation of the indigenous peoples, in the biases and prejudices against indigenous rights observed among many actors on the political scene, among legislators and political parties of different persuasions. The problem is not only one of legislating on indigenous issues, but also of doing so with the indigenous people themselves. 85. Generally speaking, there are no proper mechanisms for monitoring the effectiveness of indigenous legislation and evaluating its application in the day-to-day practice of the public administration and society. The ad hoc commissions created by such legislation are fragile and subject to the political vagaries of the moment. The various ombudsmen responsible for indigenous rights are weak and vulnerable and cannot count on the necessary political or financial support. The civil society organizations that can assume the defence of the indigenous peoples are usually under pressure, not to say threatened or harassed, and often need to act in their own defence. 86. One aspect of the same problem is the lack of a coordinated or systematic policy - with the participation of the indigenous peoples - that plays a cross-cutting role in the various ministries and organs of State regarding indigenous issues, such as ministries of agriculture, energy, mines and natural resources, education and health, to name but a few, in order to