A/HRC/21/52
50.
Observers noted that the Declaration was an essential tool in the protection and
promotion of indigenous peoples’ rights, and stressed that implementation of the
Declaration remained a challenge and may require new laws. Observers also recommended
that follow-up to implementation of the Declaration should be carried out in coordination
with the United Nations system.
51.
Numerous observers and experts raised concerns about the militarization of
indigenous peoples’ lands, territories and resources. Observers and experts recommended
that States abandon any policies that denied indigenous peoples’ rights to lands, territories
and resources or unjustly placed the burden of proof on indigenous peoples to establish
territorial rights based on original occupation. Observers raised concerns about the delay
and high cost of seeking legal remedies to secure recognition and protection of indigenous
peoples’ human rights.
52.
Observers raised concerns about national laws that impaired the operation of
indigenous peoples’ judicial systems through the imposition of conditions foreign to
indigenous peoples. Some observers expressed regret that some States continued to deny
the presence of indigenous peoples within their borders. Observers shared concerns about
the impact of discriminatory education laws and lack of funding for the protection of
indigenous peoples’ languages and cultures.
53.
One observer expressed concern about the processes in place to designate World
Heritage sites and, in particular, the lack of consultation with indigenous peoples living on
or near such sites.
54.
Saul Vicente Vazquez, a member of the Permanent Forum on Indigenous Issues,
noted that a great deal of work remained to be done to realize the objectives of the
Declaration, and cited many examples of continued violations of the human rights of
indigenous peoples. He highlighted concerns about violations relating to the impact of
extractive industries, including the criminalization of protest activities and the assassination
of indigenous peoples’ leaders. He also mentioned the Permanent Forum’s recommendation
at its eleventh session that he prepare a consolidated report on extractive industries and
their impact on indigenous peoples in coordination with the Expert Mechanism, the Special
Rapporteur on the rights of indigenous peoples and the Permanent Forum on Indigenous
Issues.
55.
Mr. Morales Morales emphasized the need for improved relations between
indigenous peoples and States through the effective implementation of the Declaration. He
encouraged engagement from United Nations bodies in the Expert Mechanism. He also
stressed the importance of the role of indigenous peoples’ media in the promotion of the
Declaration on the Rights of Indigenous Peoples. Mr. Morales welcomed the initiative to
hold a conference for indigenous peoples’ media in Oaxaca in 2013, to be associated with
the preparations for the World Conference on Indigenous Peoples.
56.
Ms. Lasimbang expressed her appreciation for the interactive dialogue. She noted
that many indigenous peoples had shared examples of their efforts to implement the
Declaration and made reference to submissions concerning the militarization of indigenous
peoples’ lands and territories. She also highlighted the submissions received relating to
free, prior and informed consent and calls for States to conduct reviews of national
legislation and constitutional provisions to ensure conformity with the Declaration. Ms.
Lasimbang also noted that indigenous peoples’ access to justice should be taken seriously
as it related not only to their livelihoods, personal security and liberty, but also to the
recognition of indigenous peoples’ customary legal systems. Denial of such access has
severe consequences. She also expressed concern that the drafting of the Association of
Southeast Asian Nations Human Rights Declaration had been conducted without adequate
consultations with indigenous peoples. Ms. Lasimbang referred to the observers’ comments
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