A/HRC/21/52
point of concern conflicts between resource extraction laws and those laws which
recognized indigenous peoples’ rights, and noted that more attention needed to be paid to
the Declaration in the universal periodic review process.
64.
Grand Chief John cited strategic plans developed by indigenous peoples as an
effective means of supporting indigenous peoples’ efforts to secure the recognition and
protection of their rights relating to lands, territories and resources.
65.
Observers raised concerns about the militarization of indigenous peoples’ lands,
territories and resources. Questions were also posed concerning urban indigenous peoples,
practical steps that may be taken by States to implement the Declaration, the advice that
might be offered to those indigenous peoples living in States where the State asserted that
they were in conformity with the Declaration despite failing to implement the Declaration,
and whether the mechanisms would be able to aid in the development of educational tools
to assist in raising the awareness and knowledge of indigenous peoples about the
Declaration.
66.
The Special Rapporteur emphasized that dialogue between indigenous peoples and
States should be the basis for the implementation of the Declaration, and noted that it came
into existence to address the failure of existing legal arrangements to secure the full
enjoyment of human rights by indigenous peoples.
67.
International Chief Littlechild noted the global focus of the Declaration and
emphasized that the text included significant areas of agreement which may guide
implementation. He noted that work was being done to develop plain language versions of
the Declaration and that the translation of the Declaration into indigenous languages served
as an effective tool for enhancing its understanding. International Chief Littlechild asked
those States that had asserted that they had met the standards of the Declaration to offer
research-based evidence of that achievement. The evidence could serve as the basis for
further dialogue.
68.
Grand Chief John requested continued focus on the development of knowledge and
understanding of the Declaration and encouraged academic centres to incorporate the
Declaration into their curricula. He discussed concerns that the taking of indigenous
peoples’ lands, territories and resources had forced indigenous peoples into judicial forums
that were not cognizant of international laws, norms and standards applicable to indigenous
peoples, and he was critical of continued references to and application of the doctrine of
discovery.
69.
Observers inquired as to what steps might be taken to resolve issues relating to the
violation of indigenous peoples’ rights when domestic and diplomatic avenues had been
exhausted and whether a new mechanism could be recommended by the Expert
Mechanism, outside the context of the universal periodic review, to enhance monitoring
and evaluation of the implementation of indigenous peoples’ human rights. Observers also
asked what steps might be taken to convince States to implement an instrument which
many States considered to be aspirational and whether it was necessary to move beyond the
State context to the development of international mechanisms focused on the effective
implementation of indigenous peoples’ human rights. The value and approach of
collaboration between the three mandates as demonstrated through the recent work on
extractive industries was also raised for discussion.
70.
International Chief Littlechild explained that there were provisions within the
Declaration which supported the development of a mechanism to monitor it.
71.
The Special Rapporteur stated that cooperation between the three mechanisms on the
issue of extractive industries was essential and noted that biannual coordination meetings
were held between the three mechanisms in this regard. He also emphasized the value of
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