A/HRC/54/52 perpetrated in the context of military operations into land and territories of Indigenous Peoples. 21. States are encouraged to enter into bilateral and regional agreements, including in situations of cross-border conflict or where international borders have been closed, to address cross-border issues, and to take effective measures to facilitate the implementation of the provisions contained in article 36 of the Declaration. 22. States should refrain from contaminating Indigenous territories with military waste, and should remedy the damage already caused to Indigenous lands and territories, to Indigenous Peoples’ health and to their right to a healthy, clean and sustainable environment, from past polluting activities. 23. Indigenous Peoples should continue to build their own capacity on their rights affirmed in the Declaration and on how to enforce them at the national, regional and international levels, including in situations of contention between Indigenous Peoples, States and business companies, by – for example – making use of international human rights mechanisms such as the universal periodic review, the treaty bodies, including the complaint procedures, and the Working Group on business and human rights. 24. Indigenous Peoples should make full use of regional instruments such as the American Declaration on the Rights of Indigenous Peoples and regional mechanisms such as the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights in addressing human rights violations related to militarization on their lands. 25. States should consider Indigenous Peoples as partners and allies in conflict prevention, peacebuilding and peacekeeping, as well as maintaining a human rights agenda in any peace and security discussions. Indigenous Peoples should be involved in deliberations about peace and security at all levels. 26. Finally, in all situations where militarism affects Indigenous Peoples’ lands and territories, the Expert Mechanism encourages States to engage with Indigenous Peoples in the spirit of the United Nations Declaration on the Rights of Indigenous Peoples, based on the principles of justice, democracy, respect for human rights, nondiscrimination and good faith. GE.23-14759 21

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