A/72/186 serious concern. This view was held by some States after the adoption of the Declaration and, unfortunately, it has been since reiterated by other ac tors, including international financial institutions, in the framework of discussions on safeguards to ensure respect for the rights of indigenous peoples. This erroneous interpretation has also been expressed with regard to the special measures required t o overcome centuries of racism and discrimination. 14. Human rights treaty bodies have specifically addressed the need for special measures when referring to indigenous peoples within the context of monitoring compliance with their respective human rights treaties. The Committee on the Elimination of Racial Discrimination has noted that “the situation of indigenous peoples has always been a matter of close attention and concern. In this respect, the Committee has consistently affirmed that discrimination a gainst indigenous peoples falls under the scope of the Convention and that all appropriate means must be taken to combat and eliminate such discrimination.” 6 It has furthermore noted that “States parties should ensure that special measures are designed and implemented on the basis of prior consultation with affected communities and the active participation of such communities”. 7 15. Challenges remain regarding the interpretation of the content of the rights enshrined in the Declaration. 8 Differences in interpretation continue to exist especially in relation to rights to lands and resources; the application of the duty of States to consult with and seek the free, prior and informed consent of indigenous peoples in matters that affect them; and the harmonization of State and customary indigenous governance and justice systems. 16. In this sense, the work of the mandate holder has sought to clarify standards contained in the Declaration, and other relevant existing human rights instruments, both in general and in specific contexts. For instance, after the adoption of the Guiding Principles on Business and Human Rights, the previous Special Rapporteur analysed how indigenous peoples’ rights should be interpreted and implemented in the context of business activities affecting them, both in relation to State duties and companies’ responsibilities, 9 and developed further in-depth work on the issue focused on the activities of extractive industries. 10 The current Special Rapporteur has provided interpretations of standards in relation to economic, social and cultural rights and sustainable development 11 and to investment agreements, 12 as well as analyses of conservation activities 13 and climate change measures. 14 17. The interpretative work of the mandate holder, the growing jurisprudence emanating from United Nations human rights bodies and regional human rights systems, including regional human rights courts, together with an intercultural dialogue between States and indigenous peoples, can significantly assist in strengthening the understanding and implementation of the rights contained in the Declaration. __________________ 6 7 8 9 10 11 12 13 14 17-12399 Committee on the Elimination of Racial Discrimination, general recommendation No. 23. Committee on the Elimination of Racial Discrimination, general recommendation No. 32. See A/HRC/27/52 (2014), para. 23; and A/HRC/33/42/Add.3 (mission report of the Special Rapporteur on the Sápmi region, 2016). See A/HRC/15/37 (2010). See A/HRC/18/35 (2011); A/HRC/21/47 (2012); and A/HRC/24/41 (2013). See A/69/267 (2014). See A/70/301 (2015); and A/HRC/33/42 (2016). See A/71/229 (2016). See A/HRC/36/46 (2017). 5/23