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64. The normative effect of the Declaration is not limited to the United Nations human rights
system, but also influences as it should the action of regional human rights bodies. In the past,
the text of the draft United Nations declaration was used by the Inter-American Commission on
Human Rights as evidence of the content of indigenous rights under general principles of
international law.36 In its decision in Saramaka People v. Suriname, the Inter-American Court
referred to the Declaration, in relation to the American Convention on Human Rights, to uphold
and define grounds for the rights of indigenous and tribal peoples over the natural resources
existing within their territories.37 The Declaration may be expected to have a similar normative
impact within the African and European human rights systems when indigenous issues in
connection with relevant treaties are addressed.
United Nations mechanisms that specifically concern indigenous peoples
65. Within the United Nations system, existing mechanisms with mandates specifically
regarding indigenous peoples include: the United Nations Permanent Forum on Indigenous
Issues; the Expert Mechanism on the Rights of Indigenous Peoples, and the mandate of the
Special Rapporteur. These mechanisms have special roles in promoting the operationalization of
the Declaration.
66. Article 42 of the Declaration expressly mentions the Permanent Forum on Indigenous
Issues as having a responsibility to promote full implementation of the Declaration. As a
subsidiary body of the Economic and Social Council, the Permanent Forum has in the
Declaration an essential instrument for the fulfilment of its threefold mandate of providing
“expert advice and recommendations on indigenous issues to the Council, as well as to
programmes, funds and agencies of the United Nations”; of promoting “the integration and
coordination of activities relating to indigenous issues within the United Nations system”; and of
preparing and disseminating “information on indigenous issues”.38
67. In its first session after the Declaration was adopted, the Permanent Forum hailed the
adoption of the Declaration and pledged “its commitment to making it a living document
throughout its work”.39 The Permanent Forum further affirmed the Declaration as its legal
framework, and it has started to apply specific provisions thereof in formulating its own
recommendations regarding its substantive mandated areas, as well as in the Forum’s work under
36
Marie and Carrie Dann v. United States, Report No. 75/02, Case 11.140 (2002), para. 118;
Maya Indigenous Communities of the Toledo District v. Belize, Report No. 40/04, Case 12.053
(2004), para. 118.
37
See para. 28 above.
38
Economic and Social Council resolution 2000/22, para. 2.
39
E/2008/43-E/C.19/2008/13, para. 128.