A/HRC/27/52
governments concerning issues brought to her attention. She would like to recall that the
Human Rights Council has urged to States cooperate with, and assist, the special
procedures in the performance of their tasks and to provide all information in a timely
manner, as well as to respond to communications transmitted to them by the special
procedures without undue delay (resolution 5/2, para. 2). To the extent possible within the
restrictions of available resources, the Special Rapporteur would also like to continue the
practice initiated by the previous Special Rapporteur of carrying out on-site visits to
examine in depth particular cases of allegations of violations of human rights brought to her
attention.
56.
As noted above, in her work, the Special Rapporteur hopes to contribute to the
operationalization of the rights of indigenous peoples though: raising awareness about those
rights of indigenous peoples; helping to develop indicators against which to assess
progress; identifying good practices; helping to find common ground between the positions
of States and indigenous peoples; and providing guidance in the interpretation of rights. In
connection with the barriers identified in section III above regarding ongoing
discriminatory attitudes towards indigenous peoples on the part of the mainstream society,
the Special Rapporteur foresees that a major component of her work will be awarenessraising among the broader public about the rights and concerns of indigenous peoples.
V. Conclusions
57.
At both the international and domestic levels, there is a strong legal and policy
foundation upon which to move forward with the implementation of indigenous
peoples’ rights, and there have been many advances in that regard.
58.
Nevertheless, there are still numerous obstacles preventing indigenous peoples
from fully enjoying their human rights, found to some extent in all countries where
indigenous peoples are living.
59.
One barrier to the implementation of the international human rights standards
concerning indigenous peoples relates to the application of the concept of “indigenous
peoples” in relation to certain groups.
60.
By failing to recognize groups as indigenous peoples, States and other 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 that are generally identified as indigenous around the world.
61.
There is a need to employ a flexible approach that takes into account the core
attributes that distinguish indigenous peoples from minority groups or other local
communities. That approach focuses on the rights at stake and asks whether the
international framework with respect to the rights of indigenous peoples proves useful
in addressing the issues and concerns faced by the group in question.
62.
A second barrier involves difficulties of States in the operationalization of
indigenous peoples’ rights. Those difficulties relate to a lack of awareness about the
rights and standards; difficulties in identifying practical steps for implementation;
and conflicting interpretations of the content of rights.
63.
With respect to the difficulties involved in identifying practical steps for
implementation, it is important that States, together with indigenous peoples, carry
out strategic planning, develop monitoring mechanisms and indicators, and identify
what has worked and try to replicate successful experiences.
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