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basis of the dialogue with Governments that the Special Rapporteur initiates or
maintains concerning alleged human rights violations.
IV. Declaration on the Rights of Indigenous Peoples
37. As noted, in its resolution 6/12 the Human Rights Council directed the Special
Rapporteur to “promote the United Nations Declaration on the Rights of Indigenous
Peoples and international instruments relevant to the advancement of the rights of
indigenous peoples, where appropriate” (para. 1 (g)), thus providing a clear
normative framework for his work. The Special Rapporteur is mandated to work
cooperatively with States, indigenous peoples, United Nations and regional bodies
and non-governmental organizations and to pay particular attention to both the
obstacles preventing full enjoyment of indigenous peoples’ human rights and to best
practices in overcoming these obstacles. This spirit of respect, cooperation and
mutual understanding underlines the role of the Special Rapporteur in finding
effective ways to fully realize the rights of indigenous peoples, which are affirmed
in the United Nations Declaration, and in contributing to a better understanding —
by all parties involved, and with their cooperation — of the legal, political,
economic and institutional implications of the international recognition of the rights
of indigenous peoples, and the implementation of the rights associated with such
recognition.
38. The rights set forth in the United Nations Declaration serve as a platform for
the cooperative manner in which the Special Rapporteur carries out his work, inform
his collaboration with the United Nations mechanisms with which he engages and
form the core of his concerted involvement with States, indigenous peoples’
organizations and civil society partners. Underscoring the central role the document
plays in the promotion of the rights of indigenous peoples, the present section
includes a brief discussion of the adoption of the United Nations Declaration, its
general character and content and the operationalization of the rights set out in the
Declaration by components of the United Nations system, States, indigenous
peoples and their organizations and civil society partners.
A.
Adoption
39. During the last three decades, the demands for recognition of indigenous
peoples across the world have led to the gradual emergence of a common body of
opinion regarding the content of the rights of these peoples on the basis of longstanding principles of international human rights law and policy. This common
normative understanding has been promoted by international and regional standardsetting processes; by the practice of international human rights bodies, mechanisms
and specialized agencies; and by a significant number of international conferences
and expert meetings. Furthermore, the emergence of this common understanding has
been increasingly reflected in and supported by State practice and constitutional,
legislative and institutional reforms at the domestic level. The Declaration on the
Rights of Indigenous Peoples is the most important of these developments globally,
encapsulating the widely shared understanding about the rights of indigenous
peoples that has been building over decades on a foundation of previously existing
sources of international human rights law.
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