A/69/267
10. In spite of such progress, the Special Rapporteur notes that there is still a
considerable implementation gap with regard to the effective realizatio n of these
rights. The long history of colonization and attempts at assimilation of indigenous
peoples has continuing effects today. In nearly all of the countries in which they
live, indigenous peoples fare worse than non-indigenous sectors of the population in
terms of their development, including levels of poverty, education, health,
unemployment, housing conditions, clean water and sanitation. Furthermore, in a
number of States, indigenous peoples’ development strategies and aspirations are
still met with negative stereotyping and their contributions in terms of biodiversity
conservation, ecosystem services and sustainable food production, for example, are
often not well understood.
11. Experiences and lessons learned from the global and national efforts to reach
the Millennium Development Goals have shown that indigenous peoples are still
frequently excluded from mainstream development efforts and face severe obstacles
when attempting to follow their own development paths. In the following sections,
the Special Rapporteur draws attention to these lessons learned, underlining the
importance of taking them into account in the efforts to reach agreement on the
sustainable development goals and the post-2015 development agenda.
III. Economic, social and cultural rights as they apply to
indigenous peoples
A.
Complementarity of instruments: universality of duties
12. As noted above, development measures have historically been exclusive,
carried out at the expense of indigenous peoples or aimed at their assimilation.
These trends have been gradually, albeit not sufficiently, reversing over past
decades. The movement away from exclusive and assimilationist development is
reflected in the international human rights framework overall, and especially in the
specific human rights standards that apply to indigenous peoples, such as the
Declaration on the Rights of Indigenous Peoples. As has been emphasized by the
previous Special Rapporteur (see A/68/317, para. 70), the Declaration does not
create new or special rights or privileges for indigenous peoples, but is to be
understood as a remedial instrument that provides the necessary minimum standards
for indigenous peoples to be able to enjoy the full range of their huma n rights and
fundamental freedoms without any discrimination.
13. This is true in the context of economic, social and cultural rights, in particular
as reflected in the International Covenant on Economic, Social, and Cultural Rights,
a human rights instrument of universal applicability. The Declaration mirrors
universal human rights contained in this and other instruments, and contextualizes
these to the situation of indigenous peoples by emphasizing their collective aspects,
building on the complementary principles of non-discrimination and selfdetermination, as noted below. Hence, the Special Rapporteur stresses that the duty
of States to respect, protect and fulfil indigenous peoples ’ economic, social and
cultural rights is based not only on their commitment to specific instruments on
indigenous peoples’ rights, such as the Declaration and ILO Convention No. 169,
but is an integral element of their duty under the International Convenant and other
applicable human rights instruments.
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