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overwhelming majority of Member States, the Declaration represents a commitment
on the part of the United Nations and Member States to its provisions, within the
framework of the obligations established by the Charter of the United Nations, to
promote and protect human rights on a non-discriminatory basis.
49. The United Nations Declaration reflects the existing international consensus
regarding the individual and collective rights of indigenous peoples in a way that is
coherent with, and expands upon, the provisions of ILO Convention No. 169, as
well as with other developments, including the interpretations of other human rights
instruments by international bodies and mechanisms. As the most authoritative
expression of this consensus, the Declaration provides a framework of action
towards the full protection and implementation of these rights.
C.
Mechanisms for operationalization
1.
Cooperation among the components of the United Nations system17
50. Implementing the Declaration is a joint task that pertains specially to United
Nations human rights bodies, mechanisms, and specialized agencies, including but
not limited to those with a particular mandate regarding the rights of indigenous
peoples, as well as to the various United Nations programmes which in some way
touch upon indigenous issues. With a view to assigning the role of implementing the
rights set forth in the Declaration, article 42 underlines the role of United Nations
bodies and specialized agencies, calling on them to “promote respect for and full
applications of the provisions” of the Declaration and provide “follow-up” for its
effective application. Article 41 of the Declaration explicitly calls upon the organs
and specialized agencies of the United Nations system “to contribute to the full
realization” of the Declaration, including, inter alia, through the mobilization of
“financial cooperation and technical assistance”.
51. The mandate of the Special Rapporteur, entrusts the mandate-holder with the
responsibility of promoting the Declaration and other relevant international
instruments related to the rights of indigenous peoples in relation to other entities of
the United Nations system at the global, regional and national levels. As highlighted
above, the Special Rapporteur fully acknowledges the need for close cooperation
and partnership with the Permanent Forum and the expert mechanism, as well as
with the United Nations Secretariat, its regional presences and the specialized
agencies, with a view to working together in the important task of promoting the
implementation of the rights affirmed in the Declaration. The Special Rapporteur is
sincerely committed to this task as part of his forthcoming activities and this
cooperation guides his engagement with States, indigenous peoples’ organizations
and other civil society partners.
2.
Central role of States
52. In the seventh preambular paragraph, the Declaration emphasizes the “urgent
need to respect and promote the inherent rights of indigenous peoples”. Like any
other human rights instrument, the Declaration confers a pivotal role to State actors
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17
16
For a more detailed discussion of the role of the United Nations in upholding and
operationalizing the rights set forth in the United Nations Declaration on the Rights of
Indigenous Peoples, see A/HRC/9/9, paras. 60-73.
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