A/HRC/21/54 71. Another challenge identified was the need for regional variances in implementation. Specifically, each Government’s policies are not organized in the same manner. 72. One State indicated that it is a challenge to develop national legislation. Further, there is a need to incorporate and implement international commitments in public policies. Also, one state expressed concern because there is a need to ensure that policies developed for indigenous peoples also contribute to the development of the national society. 73. A major challenge discussed was in relation to monitoring and enforcement of laws, particularly mining and forestry laws. One State indicated that it is a challenge to prevent unethical foreign researchers and non-governmental organizations from misappropriating indigenous peoples’ intellectual property rights and traditional knowledge. 74. Some States did not identify any challenges but rather reiterated the rights enjoyed by indigenous peoples within the State. F. Best practices 75. In their responses, States indicated many measures and best practices for implementing the Declaration on the Rights of Indigenous Peoples. To fully realize the goals of the Declaration, Governments need to commit to an ongoing implementation process and continue building on achievements. 76. Where treaties, agreements and other constructive arrangements already exist, these instruments can provide the foundation for partnership, mutual respect, cooperation and good faith between States and indigenous peoples. The Nouméa Accord between France and the Kanaks of New Caledonia recognized the harmful effects of colonization, returned confiscated land to the indigenous peoples, provided full participation of Kanak people in decision-making, and established a consultation process. 77. Chile’s approach to hold regional round tables for a “historic reunion” is an example of a process to create a national plan to attain the goals of the Declaration. Government, churches, civil society organizations, and indigenous representatives participated in these roundtables. The goals were to build trust and identify topics that are important to indigenous peoples. 78. Many States set out a multi-pronged approach to implementing the rights in the Declaration. Some States used constitutional, legislative and policy measures to implement the Declaration. Some States drafted new legislation, amended existing legislation, created new programs and initiatives, and increased involvement in international indigenous issues. This multi-pronged approach can include a special law recognizing the rights of indigenous peoples, which is developed with the effective participation of indigenous peoples based on the principle of free, prior and informed consent. 79. Bolivia particularly demonstrated good practices of gender equality by recognizing the need to ensure programmes specifically target and benefit indigenous women. 80. States can work with United Nations agencies to substantially improve the situation of indigenous peoples, especially with those agencies providing technical assistance. Chile identified the need for ongoing support by the international community in the implementation of strategies to achieve the Declaration, especially in the studying and publicizing best practices to assist States in achieving the goals of the Declaration. 81. The African Commission on Human and Peoples’ Rights and the United Nations Special Rapporteur on the rights of indigenous peoples supported the Congo in the adoption of the special law for indigenous peoples. Technical assistance from the international 13

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