A/HRC/27/67
E.
Challenges in adopting measures and implementing strategies to attain
the goals of the Declaration
143. Several indigenous peoples’ organizations noted that there was a lack of awareness of
the Declaration, including on the part of indigenous organizations. In some cases, this was due
to the lack of availability of the Declaration and information about it in relevant languages.
144. One organization noted that the lack of awareness in its country related also to the
relevance of international law at the national level. Lack of clarity in this regard was
contributed to by a government view of the Declaration as being an aspirational document.
This position had influenced the views of some indigenous peoples, as well as lawyers and
members of the judiciary.
145. Another challenge identified was the perceived complexity of the Declaration in
addressing the traditional dichotomy between individual and collective rights in societies.
This was seen as a concern in terms of making the Declaration more effective and better
understood.
146. One organization noted that the costs of raising awareness regarding the Declaration,
which included costly travel to remote areas with dispersed populations, often fell to
indigenous peoples and their allies.
147. One of the biggest challenges identified was a lack of political will on the part of
States to implement the Declaration and to consider the rights of indigenous peoples more
broadly. One organization observed slow progress from its national Government in
capturing the essence of the principles and goals of the Declaration. In some cases, there
was also a lack of attention paid by authorities to indigenous issues or public support for the
rights of indigenous peoples. Several indigenous peoples’ organizations noted challenges
with regard to, in particular, the implementation of free, prior and informed consent. In
some cases, lack of political will also manifested itself in a lack of legislation or public
policies directed to indigenous peoples. Indigenous peoples also expressed concern
regarding a lack of respect for indigenous land and sea rights. One organization pointed out
that they could not fully practice their customs and traditions because their lands were
located within a national park.
148. The problematic interpretation of the principle of equality was stated as another
challenge in implementing the Declaration. Interpretations of equality that did not take into
account that human rights norms accommodated, and in some cases required, special
measures, and concerns regarding special or differential treatment of indigenous peoples,
were used to excuse failures to implement their rights.
149. Three indigenous peoples’ organizations noted challenges relating to a lack of
recognition of indigenous peoples in their own countries. Another noted that, although
recognized in the country in question, indigenous peoples faced racial discrimination.
150. A number of organizations expressed concern regarding their lack of inclusion and
participation in relevant State discussions, public affairs and political processes, including
in processes related to laws, policies and programmes. One organization observed that the
Government was perceived to be inaccessible. It was further observed that the lack of
inclusion of indigenous peoples in relevant discussions resulted in an avoidance of
constructive dialogue between indigenous peoples and public authorities. Moreover, in
some cases, there was no dialogue with indigenous peoples, even where extractive
industries were carrying out activities on indigenous lands.
151. One organization also pointed out the lack of enforcement mechanisms likely to
encourage States to abide by the Declaration.
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