A/64/338
70. For the Declaration to be fully operative, States must pursue a range of
affirmative, special measures that engage the various institutions of lawmaking and public administration. This involves a complex process of legal and
institutional reform, judicial action, specific policies and special reparations
procedures. It is a process that requires the full political engagement and
financial commitment of States, and which is not free from obstacles and
difficulties of all sorts.
71. Governments play a key role in ensuring that different actors involved are
aware of the Declaration and sufficiently understand its provisions.
Accordingly, the Special Rapporteur encourages and supports the efforts of
States to raise awareness and provide technical training to Government
officials, members of legislative bodies and of national human rights
institutions, judicial authorities and all other relevant actors, including civil
society and indigenous peoples themselves, and reiterates his commitment to
offer assistance in this regard, where necessary.
72. In carrying out his work, the Special Rapporteur has emphasized that the
positive or special measures required to operationalize the Declaration need to
reach the existing local institutional arrangements and policy frameworks,
which in some cases may have to be reformed to accommodate the particular
needs of indigenous peoples, as underlined in the Declaration. This is
particularly important in areas, emphasized in the Declaration, in which the
realization of indigenous peoples’ rights is inextricably connected to general
State policies, such as in the areas of natural resources, education, culture and
health, and in State development strategies and plans.
73. The United Nations system and special agencies, funds and programmes,
including human rights mechanisms with indigenous-specific mandates (such as
the Permanent Forum, the expert mechanism and the Special Rapporteur),
play a central role in promoting the implementation of the Declaration at the
local level. The principles and rights affirmed in the Declaration constitute or
add to the normative frameworks for the activities of United Nations human
rights institutions as they relate to indigenous peoples, including with regard to
development cooperation targeted for the benefit of indigenous peoples and
other activities that may in some way affect indigenous interests.
74. In exercising their rights and responsibilities under the Declaration,
indigenous peoples themselves can be guided by the normative tenets of the
Declaration, acting as promoters of the rights upheld therein in a spirit of
cooperation. The Special Rapporteur underscores that positive action by
indigenous peoples themselves is by definition required for the exercise of their
rights to maintain and develop institutions and mechanisms of self-governance.
Pursuant to his mandate, the Special Rapporteur has emphasized the
development of a regular, cooperative dialogue with indigenous peoples in
carrying out his work.
75. In a related manner, non-governmental actors have a role in the
promotion of and respect for the Declaration. As it does for State and
international agencies, the Declaration not only provides civil society
organizations with a set of clear programmatic priorities in their activities
affecting indigenous peoples, but also with a set of guidelines that should
regulate the design and implementation of these activities. The Special
09-50281
21