A/HRC/51/50
20.
Indigenous peoples should never be stigmatized, criminalized or attacked by State
authorities or officials for exercising their rights as set forth in consensual agreements
concluded with States or for protesting against violations of those rights. States should clearly
recognize the legitimacy of those claims and reaffirm respect for the freedom of expression
as a pillar of a healthy, plural and democratic civic space.
21.
Access to justice should be ensured for indigenous peoples without restriction or
discrimination. The duration of judicial procedures should be reasonable and justified. Before
any possible treaty violation, especially if it entails possible damages, the precautionary
principle should be applied so as not to allow the violation to worsen and the damage to
become permanent.
22.
Judicial resolutions on treaty disputes should be respected and enforced, including
immediate cessation of the infringing action and effective reparation in line with article 28
of the Declaration.
23.
Indigenous peoples are encouraged to consider treaties, agreements or other
constructive arrangements as a means of building and strengthening relationships with States
in a manner that is better suited to their objectives and according to their own decisionmaking organizations.
24.
A mandate for a special rapporteur on the implementation of indigenous peoples’
treaties, agreements and constructive arrangements should be created.
25.
United Nations agencies and mechanisms should, in their regular work and duties,
support the implementation of concluded treaties, agreements and constructive arrangements.
26.
When treaties are considered to be of international concern, indigenous peoples
should have access to international bodies for dispute resolution, including existing United
Nations treaty bodies.
27.
The recommendations issued by the Special Rapporteur Miguel Alfonso Martínez and
those made at the three United Nations expert seminars should be followed up and
implemented, including the recommendations for the establishment of an international
mechanism to handle disputes related to treaties, agreements and constructive arrangements
and for the establishment of an international section or body to register and publish all treaties
concluded between indigenous peoples and States, giving due attention to securing access to
indigenous oral versions of those instruments.
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