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upon, the provisions of ILO Convention No. 169, as well as with other developments, including
the interpretations of other human rights instruments by international bodies and mechanisms. As
the most authoritative expression of this consensus, the Declaration provides a framework of
action towards the full protection and implementation of these rights.
IV.
MECHANISMS TO OPERATIONALIZE THE RIGHTS AFFIRMED
IN THE DECLARATION ON THE RIGHTS OF
INDIGENOUS PEOPLES
A. States
44. The seventh preambular paragraph of the Declaration emphasizes the “urgent need to
respect and promote the inherent rights of indigenous peoples”. Like any other human rights
instrument does, the Declaration confers a pivotal role to State actors in the promotion and
protection of the rights affirmed therein. The central role of the State is further reinforced by the
essentially reparative orientation of the instrument, which requires States to take affirmative
measures to attack the systemic problems that indigenous peoples face in the enjoyment of their
human rights in ways that are consistent with their specific cultural characteristics and their own
expressed wishes.
The call for positive or special measures
45. The Declaration requires that “States, in consultation and cooperation with indigenous
peoples, shall take the appropriate measures, including legislative measures, to achieve the ends
of this Declaration” (art. 38). This general mandate is further elaborated on in other provisions,
with specific affirmative measures required from States in connection with almost all the rights
affirmed in the Declaration.
46. The kind of State action required to operationalize the rights affirmed in the Declaration
thus entails an ambitious programme of legal and policy reform, institutional action and
reparations for past wrongs, involving a myriad of State actors within their respective spheres of
competence. The former chair of the Working Group on Indigenous Populations,
Ms. Erica-Irene Daes, described this process as “belated State-building”, a process “through
which indigenous peoples are able to join with all the other peoples that make up the State on
mutually-agreed upon and just terms, after many years of isolation and exclusion”.27 This spirit
of cooperation and mutual understanding between States and indigenous peoples is a theme
throughout the Declaration, including in the provision which underlines the value of historical
and modern treaties or compacts as mechanisms to advance relations of cooperation between
indigenous peoples and States (art. 37).
27
Erica-Irene A. Daes, “Some Considerations on the Right of Indigenous Peoples to
Self-Determination”, 3 Transn’l L. & Contemp. Probs. 1, 9 (1993).