A/HRC/60/29
IV. Conclusions and recommendations
A.
Conclusions
97.
The recognition of Indigenous Peoples remains a cornerstone of international
human rights efforts aimed at redressing historical injustices against them and
promoting equality. States are the primary duty bearers concerning human rights.
However, to fulfil their obligations, States must necessarily recognize the beneficiaries
(rights holders) of the rights concerned. The rights of Indigenous Peoples are inherent,
they are recognized by international law, and they are binding on States regardless of
recognition in domestic laws.
98.
The United Nations Declaration on the Rights of Indigenous Peoples has led to
increased global recognition of Indigenous Peoples. Many countries have adopted
constitutional, legislative or policy measures acknowledging Indigenous Peoples as
rights holders under international law. Several States have taken further steps by
formally incorporating the Declaration into their national legislation.
99.
The trend of constitutional recognition is most pronounced in regions with strong
Indigenous movements grounded in a history of colonialism where constitutional
reforms have been used as tools for reconciliation and State redefinition. However, this
practice is gradually being adopted in other States, at varying rates. These efforts
indicate a growing movement towards enhanced legal recognition for Indigenous
Peoples.
100. Legislation and acts of parliament are among the most utilized mechanisms for
State recognition of Indigenous Peoples. These legal instruments are often more readily
employed to affirm the rights of Indigenous Peoples, especially in circumstances where
constitutional reforms may present political or procedural challenges.
101. Recognition through legislation is increasingly common worldwide, but
enforcement is often hampered by vague wording, limited resources or weak
institutions. Overlapping or conflicting laws, particularly with Indigenous customary
laws, can also undermine implementation.
102. In Africa and Asia, recognition of Indigenous Peoples has progressed slowly, in
part because of ongoing misunderstandings about the term “Indigenous Peoples”. The
term is sometimes wrongly viewed as potentially divisive, as a challenge to territorial
integrity or as conferring advantages to certain communities.
103. The term “Indigenous Peoples” is a human rights concept devised to remedy
unique historical injustices with the view to reconciling Indigenous Peoples with States
and forging between them new partnerships grounded in trust and rights.
104. The term “local communities” is not yet recognized as a human rights concept
and remains a concept of domestic law, fundamentally different from the
internationally recognized human rights framework for Indigenous Peoples.
105. The conflation of Indigenous Peoples with local communities has contributed to
misunderstandings. This practice may undermine the distinct rights of Indigenous
Peoples, and is sometimes utilized by States that either do not recognize the existence of
Indigenous Peoples within their jurisdiction or attempt to undermine the
implementation of their rights as defined in international law.
B.
Recommendations
106.
On the recognition of Indigenous Peoples as rights holders, States should:
(a)
Legally recognize Indigenous Peoples as distinct rights holders under
international law, as affirmed by the Declaration and other relevant human rights
instruments;
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