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77. José Carlos Morales thanked the participants for their important contributions to the
debate. He provided information on some of the achievements and challenges faced in the
implementation of the Declaration in Latin America. He noted that the region has undergone a
constant process of evolution during recent decades, involving constitutional reforms and
specific legislation. He stated that there is increasing recognition and support for the rights of
indigenous peoples and the implementation of the Declaration. Mr. Morales expressed the hope
that more Governments and indigenous peoples’ organizations in the region will in the future
submit timely information and share their experiences in the context of the Expert Mechanism’s
discussions.
78. John Henriksen stated that the discussion under item 4 had revealed once again the
comprehensiveness and complexity of the contents of the Declaration, and that individual
provisions cannot be interpreted nor implemented in isolation as the articles of the Declaration
are interconnected, and connected to other international human rights instruments. He said that
the discussion demonstrated the need for States and indigenous peoples to work together to
achieve the goals of the Declaration and that other actors such as NHRIs have a crucial role to
play. He stressed the importance of building training capacity and wide translation and
distribution of the Declaration.
79. Mr. Henriksen said that there appears to be broad agreement between States and
indigenous peoples that issues related to implementation of the Declaration need to be addressed
within the framework of the Expert Mechanism. He said that the debate demonstrated that there
have been some positive developments in various countries, either as a consequence of the
Declaration, or as a result of national processes undertaken in the spirit of the Declaration.
80. He emphasized that the debate unfortunately also proves that indigenous peoples are still
facing serious problems as a consequence of the continued denial of their rights and freedoms,
including serious human rights violations, and that in some instances practically nothing has
happened despite the fact that the Declaration now is a reality.
81. He noted that the debate also revealed the need for States and indigenous peoples to work
together in order to achieve the goals of the Declaration. In many instances it seems extremely
important to focus on reconciliation, as an important precondition for making the Declaration a
reality on the ground. He concluded by stating that the Expert Mechanism would continue
addressing the implementation of the Declaration, but that its work might need to be focused
further.
82. He referred to the various suggestions made by observers as to which thematic issues the
Expert Mechanism should focus on, including the right to self-determination, the resource
dimension of the right to self-determination, the principle of free, prior and informed consent,
consultations, indigenous peoples’ rights pertaining to lands, territories and natural resources,
indigenous peoples’ right to health, linguistic rights, and remedies for infringements of
indigenous peoples’ rights. In principle, no issue or right that is addressed in the Declaration
should be regarded as being off-limits for the Mechanism’s work and that it nevertheless needs
to identify its thematic focus and priorities in compliance with the mandate issued by the Human
Rights Council.