A/61/490 35. Various new perspectives have opened up in confronting the challenge represented by the draft Declaration, a milestone in the efforts to protect the human rights of indigenous peoples. One is the need to clarify and enhance the human rights and international obligations of States deriving from existing human rights instruments, and to update their content in the light of the draft Declaration, since the latter is not a legally binding instrument. National and international courts will no doubt play an important and innovative role in this process. 36. The draft Declaration will also serve as a guide for the actions of human rights treaty bodies in their work of interpreting the scope of the provisions of these treaties in relation to States parties. Thus, the Declaration will help to enhance and consolidate the international case law produced by universal and regional bodies in relation to the rights of indigenous peoples. 37. The draft Declaration will be a valuable factor in the discussion about future international standards in indigenous matters, both in the international human rights system and in regional or specialized areas. Accordingly, the adoption of the Declaration will also give a strong impetus to the clarification of emerging or existing customary law concerning the rights of indigenous peoples at the international level. 38. As in the case of previous human rights declarations (the Universal Declaration of Human Rights, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities or other declarations that have subsequently become international conventions), the draft United Nations Declaration on the Rights of Indigenous Peoples can play an important role in guiding national legislative processes linked to indigenous peoples’ rights in countries where this issue is relevant and/or immediate. The draft Declaration is already an essential frame of reference for the indigenous peoples who are holding a dialogue with Governments in the quest for innovative legislative solutions to old problems of discrimination, exclusion, cultural negation and lack of legal recognition. 39. A careful re-evaluation of the various international promotion and cooperation activities being carried out by United Nations bodies will also be useful, especially in the framework of the Millennium Development Goals, in order to achieve full implementation of the provisions of the Declaration, especially in countries where indigenous populations live. 40. Lastly, I should like to make an urgent appeal to all States members of this Assembly to adopt the draft United Nations Declaration on the Rights of Indigenous Peoples transmitted to it by the Human Rights Council. 10 06-55256

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