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Expert Mechanism to expand the scope of the Fund to support indigenous peoples’
participation in the World Conference on Indigenous Peoples. Mr. Limbu noted that
sufficient funding would have to accompany any such expansion to the mandate of the
Fund.
43.
Mr. Limbu expressed gratitude to the contributors to the Voluntary Fund for
Indigenous Populations. However, he expressed concern that there had been a significant
decrease in contributions to the Fund and stressed the importance of ensuring the
participation of those directly affected by the work of the United Nations mechanisms.
44.
The Chairperson-Rapporteur noted that the General Assembly had adopted the
United Nations Declaration on the Rights of Indigenous Peoples on 13 September 2007. He
further noted that the Human Rights Council had requested the Expert Mechanism to
prepare a questionnaire to seek the views of States on best practices regarding possible
appropriate measures and implementation strategies in order to attain the goals of the
United Nations Declaration on the Rights of Indigenous Peoples in Council resolution 18/8.
45.
Ms. Lasimbang welcomed the responses received from States to the questionnaire
but expressed regret that only 14 responses had been received. She reviewed the
submissions received from States and shared many specific examples of laws and
programmes cited by States as examples of implementation of the Declaration. Ms.
Lasimbang also noted that, according to the results of the questionnaire, no State had yet
passed explicit laws requiring the Declaration to be considered when devising new laws,
policies or other measures relating to indigenous peoples, and stressed that lack of
awareness of the Declaration remained one of the biggest challenges to implementing the
rights of indigenous peoples.
46.
Ms. Lasimbang explained that some of the best practices identified were
partnerships between States and indigenous peoples, which facilitated the participation of
indigenous peoples in decision-making, and noted that the responses to the questionnaire
had provided important insights. She further noted that, in view of the small number of
States that had responded, the Expert Mechanism would submit a proposal to the Human
Rights Council to extend the time frame for responses.
47.
Observers underlined the importance of the Declaration, noting that it was a
cornerstone for the promotion and protection of indigenous peoples’ rights, and offered
their support for the work of the Expert Mechanism in its promotion of the effective
implementation of the Declaration. Many observers raised urgent concerns relating to the
human rights of indigenous peoples. Observers also noted that a wide gap continued to exist
between the promises of the Declaration and its application on the ground, noting
specifically the lack of access to justice and the failure to ensure protection of indigenous
peoples’ rights to their lands, territories and resources.
48.
Observers emphasized that indigenous peoples continued to face challenges in
exercising the right to self-determination and noted the need for States to be willing to share
power with indigenous peoples as a precondition to the effective implementation of the
Declaration. Many observers called for dialogue between States and indigenous peoples to
identify and address the barriers to the full implementation of the Declaration.
49.
State observers described the Declaration as an important symbolic and practical
step in addressing the historical injustices faced by indigenous peoples around the world.
State observers shared many examples of the programmes and laws developed to
implement the Declaration and highlighted efforts to enhance access to the Declaration
through its translation into indigenous peoples’ languages. Various State observers
identified consultation and participation as areas of focus in their efforts to implement the
Declaration.
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