A/HRC/9/9
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Indigenous systems of autonomy or self-government carry a number of implications for broader
State governance that have not been fully acknowledged in most countries, where indigenous
autonomy or self-government still operates de facto and without the proper legal guarantees. The
same holds true in relation to indigenous rights over their lands, territories and natural resources,
as affirmed in articles 26 to 28 and related provisions of the Declaration. While these rights are
generally recognized in many countries, their realization implies a whole package of legal and
administrative transformations, particularly regarding property and natural resources law and
administration.
52. In November 2007, Bolivia adopted a law to give full legal effect to the provisions of the
Declaration in domestic law.29 Similar initiatives have been introduced in the legislative bodies
of other countries. The Bolivian law represents an important initiative insofar as it signals the
commitment of the State to implement the Declaration. However, such measures alone should
not be seen as sufficient to fully operationalize the rights affirmed in the Declaration in the
multiple specific areas in which government regulation and administration touch indigenous
peoples’ concerns.
53. In a number of cases, the recognition of indigenous peoples and their rights as mandated by
the Declaration may require changes of a constitutional nature. Based on this understanding, the
Declaration has already been used as a normative reference in recent or ongoing constitutional
revision processes, such as in Bolivia, Ecuador and Nepal.
54. Domestic courts also play a key role in operationalizing the rights of indigenous peoples as
affirmed in international standards. Domestic courts should endeavour to conform their decisions
to the Declaration in cases concerning indigenous peoples. Even if not empowered to directly
apply the Declaration, domestic courts may and should use the Declaration as an interpretive
guide in applying provisions of domestic law. A good practice in this regard is the recent
decision of the Supreme Court of Belize in the case of Maya villages v. Attorney General, a case
in which the Court used the Declaration and other international sources to guide its interpretation
of the Constitution of Belize to uphold the rights of Maya villages over their traditional land.30
55. Legal recognition and judicial action are only potential preconditions for operationalizing
the indigenous peoples’ rights under the Declaration at the local level. The former
Special Rapporteur noted that recent processes of constitutional and legal reform in various
countries have not necessarily led to actual changes in the daily lives of indigenous peoples, and
an “implementation gap” continues to exist between “legislation and the day-to-day reality”.31
29
Ley Nº 3760, Gaceta Oficial Nº 3039 (7 de noviembre de 2007).
30
Manuel Coy et al. v. The Attorney General of Belize et al., Supreme Court of Belize,
Claims No. 171 and 172 (19 October 2007).
31
E/CN.4/2006/78, para. 5.