A/HRC/36/56
isolation, received by Ecuador. 28 Some countries have received numerous
recommendations, including Australia, Canada, Chile, New Zealand and Paraguay. Those
recommendations cover a broad spectrum of rights under the Declaration, including in
support of the rights of indigenous peoples to: preserve their languages, lands and culture;
reduce the negative impact on them from mining; adopt laws prohibiting discrimination
against them; and guarantee the right to life and safety of human rights defenders.
28.
Many of the recommendations of the Working Group were that States adhere to the
Declaration and implement the recommendations and decisions of the treaty bodies and
regional mechanisms. Including the Declaration as one of the standards on which the
universal periodic review is based, as proposed by the Expert Mechanism in 2013,29 would
further enhance the implementation of the Declaration in that process. Under its amended
mandate, the Expert Mechanism will have a role in providing Member States, upon their
request, with assistance and advice for the implementation of recommendations made under
the universal periodic review and by treaty bodies, special procedures or other relevant
mechanisms. 30 It is to be hoped that States, which have the principal responsibility for
adopting legislative measures and public policies to implement the rights recognized in the
Declaration (article 42) will take advantage of that new mandate to better implement
recommendations and decisions of all human rights bodies. Indigenous peoples may also
wish to take advantage of the new role of the Expert Mechanism and seek its assistance
with respect to implementation.
29.
The greater effort being made to ensure that recommendations are specific,
measureable, achievable, relevant and time-bound is a positive step forward in the
protection of indigenous peoples’ rights and should assist implementation of
recommendations. Under the universal periodic review procedure, States either “accept” or
“take note” of the recommendations made. Implementation is effected through domestic
measures, including the adoption of legislation or policies, which requires political and
financial prioritization. States may have mechanisms through which indigenous peoples can
participate when planning their budgets; some, such as Paraguay, do so through specific
national action plans. National human rights institutions also play a key role in that regard.
30.
As an example of implementation under the universal periodic review process, a
growing number of African States are recognizing the existence of specific ethnic groups
that self-identify as indigenous peoples, and are taking concrete commitments to address
their situations. That was the case, for example, in Gabon in 2012, Namibia in 2011 and
Uganda in 2011.31 In addition, the Government of Namibia is currently drafting a white
paper on indigenous peoples, in implementation of a commitment made under the review
process. Some States have also taken action to improve consultation and participation with
indigenous peoples, taken measures to try and improve violence against indigenous women
and girls, and have pledged to ratify ILO Convention No. 169, following recommendations
made during the review.32
31.
It is difficult to see how the recommendations of international bodies can be
pertinent, relevant and implementable without the participation of indigenous peoples
affected by them. It would thus be important for States, United Nations specialized agencies
and intergovernmental bodies to provide information, technical and financial support,
without limiting the independence of indigenous peoples, to allow for the participation of
indigenous peoples, including indigenous women, during the whole cycle of the universal
periodic review process, special procedures activities and treaty bodies monitoring
processes (see arts. 39 and 41 of the Declaration).
28
29
30
31
32
See http://cdes.org.ec/web/llamado-de-atencion-de-onu-y-organizaciones-sociales-sobre-el-derechoa-la-vida-de-los-pueblos-aislados/.
See A/HRC/24/49, para. 11.
See Human Rights Council resolution 33/25. Para. 2 (d).
See K. Broch Hansen, K. Jepsen and P. Leiva Jacquelin (eds.), The Indigenous World 2017
(Copenhagen, April 2017), available from www.iwgia.org/iwgia_files_publications_files/
0760_THE_INDIGENOUS_ORLD_2017_eb.pdf.
See for example, the midterm reports of Argentina, Chile and Finland, Available from
www.ohchr.org/EN/HRBodies/UPR/Pages/UPRImplementation.aspx.
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