A/HRC/27/52
III. Ongoing obstacles to the full realization of indigenous
peoples’ rights
10.
There is a strong legal and policy foundation upon which to build the
implementation of indigenous peoples’ rights, and there have been many advances, which
the Special Rapporteur hopes to examine and document during the course of her mandate.
Nevertheless, many challenges continue to confront indigenous peoples throughout the
world. As noted above, a core aspect of the mandate of the Special Rapporteur is to
examine ways and means of overcoming existing obstacles to the full and effective
protection of the rights of indigenous peoples. As an initial step, and given that the present
report is her first to the Human Rights Council, the Special Rapporteur would like to
identify in broad strokes some of those obstacles which are found to some extent in all
countries in which indigenous peoples are living.
11.
The obstacles identified in the present section are (a) the failure or reluctance of
governments to recognize indigenous peoples; (b) challenges in the development of
practical implementation measures; (c) reconciliation and redress for historical wrongs yet
to be completed; (d) ongoing negative attitudes towards indigenous peoples on the part of
the broader societies in which they live; and (e) social and economic conditions preventing
the full exercise of indigenous peoples’ human rights. The list is of course neither
comprehensive nor exhaustive and the obstacles identified above are in many ways
interrelated. It is meant, however, to provide a framework for understanding where further
work is needed and to assist in developing measures for action. While the Special
Rapporteur fully acknowledges the difficulties in confronting and overcoming those
continuing problems, she hopes to be able to make headway on tackling some of the
obstacles during the course of her mandate.
A.
Recognition of indigenous peoples
12.
One barrier to the implementation of the international human rights standards
concerning indigenous peoples relates to how the concept of “indigenous peoples” is
applied in relation to certain groups, as its application can be both under- and overinclusive: the indigenous rights framework can be applied in relation to groups that share
characteristics similar to indigenous peoples worldwide and, to a somewhat lesser extent, to
groups that do not. Clearly, the human rights situation of groups around the world is diverse
and complex, and varies from country to country and community to community, and yet
there are issues and circumstances that are common to certain groups that are generally
identified as indigenous peoples. The Special Rapporteur is concerned that, by failing to
recognize groups as indigenous peoples, States and other powerful actors avoid applying
the international standards and protection mechanisms that are most appropriate to address
the kinds of human rights concerns that these groups face in common with groups which
are generally identified as indigenous around the world.
13.
In that regard, the Special Rapporteur would like to emphasize that this is not a
problem resulting from, or which can be resolved by, attempting to arrive at an
international definition of “indigenous peoples”. As is often repeated in the literature on the
subject, no such definition exists. The United Nations Declaration on the Rights of
Indigenous Peoples does not attempt to provide one, although it does affirm that indigenous
peoples have the right to determine their own identity or membership in accordance with
their customs and traditions (art. 33). For its part, International Labour Organization
Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent
Countries refers to self-identification “as a fundamental criterion for determining the groups
to which the provisions of this Convention apply” (art. 1, para. 2) and notes that the
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