A/HRC/36/56
building the structure of a plurinational State, including provisions on the rights of
indigenous peoples recognized in the Declaration. In New Zealand, in 2016, the Maori
Language Act was enacted aimed at revitalizing the Maori language.
71.
Domestic policies also support implementation. In Cambodia, a 2009 policy on the
registration of and the right to use the land of indigenous communities bolstered the 2001
Cambodian Land Law, which had laid the ground for community land titling among
indigenous communities. In several African countries, ministries in charge of climate
change programmes have taken on board key provisions of the Declaration, including on
consultation. In Canada, in its final report, 61 the Truth and Reconciliation Commission
issued numerous calls to action to use the Declaration as a framework for reconciliation,
and, early in 2017, the Government of Canada assembled a working group of ministers to
review all federal laws and policies as they related to indigenous peoples in line with the
Declaration and supporting the implementation of the Commission’s calls to action.
72.
In New Zealand, the Whanganui River Deed of Settlement (Ruruku Whakatupua)
was passed, creating legal recognition of the Whanganui River as a legal person with its
own personality and all of the rights duties and liabilities associated with that. In the United
States, several federal-level executive agencies have expressed intent to comply with the
Declaration, including in the area of consultation regarding indigenous peoples’ sacred sites
located on public lands.
73.
Indigenous peoples have also mobilized themselves internally. For example, in
Brazil, indigenous peoples drafted their own protocol for consultation and consent. Other
such protocols are in the pipeline, including by the Wajãpi, Munduruku and the Xingu
peoples. In Peru, the Wampis established an autonomous territorial government. In the
United States, a number of American Indian tribal governments have taken measures to
implement the Declaration, including, the Muscogee (Creek) Nation, which translated
substantial portions of the Declaration into the Muscogee language. Also in the United
States, the Principal Chief and National Council Speaker of the Muscogee Creek Nation
signed its own Declaration on the Rights of Indigenous Peoples in 2016. Several tribal
governments, including the Pit River Tribe and Gila River Tribe, have enacted legislation
endorsing the Declaration. Indigenous small-numbered peoples of the North, Siberia and
the Far East of the Russian Federation, at their eighth assembly, adopted its own strategic
programme, entitled “Indigenous 2021: Land, Traditions, Future”. 62 Furthermore, at its
seventh meeting, the Congress of Finno-Ugric Peoples endorsed a resolution on sustainable
development.63 Both of those documents reflect many articles of the Declaration. In New
Zealand, the Maori have their own monitoring initiative in implementing the Declaration.
74.
Despite those many good practices, indigenous peoples in some regions, including a
number of States in Asia and Africa, still struggle for legal recognition and respect for selfdetermination. Without recognition of their status as indigenous peoples, it is difficult to see
how they can claim their rights to their lands and territories, which, in turn, are inextricably
linked to their culture, way of life and livelihood. These remain contentious issues in many
States. States should refrain from hindering or limiting self-determination initiatives and
should recognize and learn from indigenous peoples’ own initiatives to advance the
implementation of the Declaration at the national level.
V. New regional instruments and agreements on indigenous
rights
75.
The Declaration has contributed to the elaboration of regional agreements on
indigenous rights. In 2016, the Organization of American States’ approved the American
Declaration on the Rights of Indigenous Peoples. Importantly, that Declaration recognized
the fundamental rights of indigenous peoples to self-determination, to their ancestral
61
62
63
Available from www.trc.ca/websites/trcinstitution/index.php?p=3.
Available in Russian from www.raipon.info/documents/Docs_RAIPON/НП%202021+.pdf.
See www.fucongress.org/upload/files/f/1/resolution-1762016_1.pdf.
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