A/HRC/24/51
Directorate of Ucayali, Peru. Its efforts to do so were consistent with the Declaration, and
with technical standards regarding the mainstreaming of intercultural approaches to health,
particularly with regard to those health practitioners working in indigenous communities.
5.
Lands, territories and resources
110. NNTC noted its advocacy for the Government of Australia to enshrine the principles
of the Declaration in the development of the Murray Darling Basin plan, especially with
regard to the right of indigenous peoples to maintain and strengthen their distinctive
relationship with their lands, territories, waters and coastal seas and other resources. In
relation to the Basin plan, NNTC, together with partners, is also currently undertaking the
National Cultural Flows Research Project, which incorporates the principles of the
Declaration, especially article 32, paragraph 1.
6.
Treaties, agreements and other constructive arrangements with States
111. CAPAJ noted its sponsorship of the Awuayala Tribunal of Justice (TOAJ), a body
whose decisions, while not binding, appeal to the conscience and reason of humanity.
TOAJ, hosted by the Kallawaya Nation in the Plurinational State of Bolivia, held its first
hearing in June 2012 to hear the demand of the Jacha Suyu Pakajaki Nation to reclaim
territories taken on the basis of the doctrine of discovery.
C.
Consideration of the Declaration when devising new laws and policies
or other measures that affect indigenous individuals
112. Several indigenous peoples’ organizations reported that the Declaration is not
routinely taken into account in State efforts to devise laws, policies or other measures that
affect indigenous peoples. In some cases, this is attributed to the lack of recognition of
indigenous peoples in the country or the view that indigenous peoples are an impediment to
development. In some cases indigenous peoples’ organizations had made unsuccessful
efforts to encourage States to adopt specific legal, policy and other measures to implement
the Declaration.
113. A number of indigenous peoples’ organizations noted their own use of the
Declaration as a basis for setting standards and in advocacy.
114. CANS noted that its activities were aimed at working with Native nations,
communities and organizations in identifying, prioritizing, formulating and implementing
projects in accordance with their will, priorities and concerns. Going forward, CANS
intended to explicitly insert, whenever feasible, the Declaration into its work.
115. CAPAJ is leading processes to rebuild traditional forms of self-government, to
advocate for the respect of free, prior and informed consent, to adopt measures aimed at
strengthening Andean cultures and intercultural education, to protect traditional lands,
territories and resources and collective property, and to open spaces for traditional justice.
In this work, CAPAJ explicitly cites the Declaration and ILO Convention No. 169.
116. NWU and NPMHR expressed that the Declaration is a source of strength and power
to claim their rights as indigenous peoples. The Declaration is not especially mentioned in
collective decisions of the Naga people, as collective approaches to decision-making reflect
traditional practice.
117. The Native Indian Youth Council has developed a specific policy of advocating for
the inclusion of urban indigenous peoples in attaining the goals of Declaration. The
organization consciously cites the Declaration within its advocacy efforts.
19