A/HRC/27/52
B.
Challenges to the practical implementation of indigenous peoples’
rights
17.
As the United Nations Declaration on the Rights of Indigenous Peoples was adopted
by the General Assembly only in 2007, its implementation is still somewhat in a formative
stage. States are facing various difficulties in the operationalization of indigenous peoples’
rights, which include a lack of awareness about the rights and standards, difficulties in
identifying practical steps for implementation and conflicting interpretations of the content
of rights. Certainly, in addition to addressing the issues identified in the present subsection,
it is also necessary for States to demonstrate political will, technical capacity and financial
commitment in order for operationalization to take place and be successful, although the
Special Rapporteur will not go into depth on those factors here.
1.
Lack of awareness and understanding of the United Nations Declaration on the Rights
of Indigenous Peoples
18.
An initial issue is the lack of awareness and understanding of the Declaration and
other relevant instruments among State and non-State actors. In his first report to the
Human Rights Council, the previous Special Rapporteur identified various mechanisms for
the operationalization of the Declaration, and specifically recommended that States “make
efforts to raise awareness [about the Declaration] and provide technical training to
government officials, members of the legislative branch and of national human rights
institutions, judicial authorities and all other relevant actors, including civil society and
indigenous peoples themselves” (A/HRC/9/9, para. 58). While many States have made
significant headway in that regard, within other States there is still very insufficient
knowledge among relevant actors about the international standards concerning indigenous
peoples.
2. Need for concerted implementation efforts
19.
However, even when State authorities are aware of international standards, there is
need for further guidance on how to implement the standards. A first step is undoubtedly,
together with indigenous peoples, to assess needs, identify priorities and develop strategic
action plans with goals and time frames for implementation. Planning that takes into
account and incorporates steps to implement indigenous peoples’ rights can take place in
the context of the development of broader education, health, housing, elections, local
governance and resource development strategies (see A/HRC/24/41, paras. 49–51), as well
as in other areas. Involving indigenous peoples at the outset in planning will go a long way
in speeding up implementation and avoiding conflicts about how implementation is carried
out down the road; yet, it is a step that is often overlooked.
20.
As part of the planning process, baselines and indicators can also serve as steady
reference points for guiding action and measuring progress. They can be established at both
the international and national levels, through the creation of new indicators and new forms
of data collection, or through the disaggregation of data to ensure that indigenous peoples’
situations are understood and their needs are assessed. At the most basic level, the
indicators should assist with the detection of discrimination, inequality and exclusion, and
allow for comparisons to be made between indigenous peoples and other social groups. In
any case, it is essential that indigenous peoples participate in defining the issues to be
addressed and the indicators used, and that indigenous peoples’ own views on well-being
and their visions for the future are taken into account.
21.
It is of course also useful in that connection to identify what has worked and to try to
replicate successful experiences in other contexts. While it is no secret that good practices
for the promotion and protection of indigenous peoples’ human rights are still few and far
8