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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
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