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 14

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