A/HRC/27/67
6.
The Expert Mechanism also thanks the Faculty of Law at the University of
Manitoba, Canada, for its assistance in reviewing the responses from States.
II. State responses
7.
This section summarizes the responses from States to the questionnaire. It must be
borne in mind that non-State actors, including indigenous peoples, may have conflicting
views on the benefits of measures adopted to implement the Declaration or the ideal
strategies to achieve its implementation.
A.
National implementation strategies
8.
A number of States indicated that they had a national strategy to implement the
Declaration. Guyana indicated that its implementation strategy was adumbrated in several
policy documents, at least one of which was developed in consultation with the great
majority of Amerindian communities. The National Development Plan of Mexico addresses
indigenous peoples specifically and its Commission for the Development of Indigenous
Peoples is required to assist indigenous peoples in the exercise of their self-determination.
The plan of the Bolivarian Republic of Venezuela is based on normative and institutional
aspects, including already existing constitutional, legislative and regulatory norms. The
national plan of Peru focuses on 12 areas, including participation, intellectual property,
intercultural and bilingual education, use and transmission of indigenous languages, nondiscrimination, consultation, improvement in economic and social conditions, land,
territories and natural resources, health, administration of justice, access to justice, first
contact and isolated indigenous peoples. The Paraguayan Institute of Indigenous Affairs
works towards the implementation of the Declaration along three axes: lands and territories,
participation and development with an ethnic perspective.
9.
Several States indicated that the principles of the Declaration are reflected in
national legislation. For example, the Congo indicated that the fundamental principles of
the Declaration are incorporated in its law No. 5-2011 on the promotion and protection of
the rights of indigenous peoples. Some States, such as Peru and Myanmar, identified
existing national laws and policies which related to specific areas of the Declaration, such
as education and culture. However, it is unclear whether these laws and policies were
developed specifically to implement the goals of the Declaration.
10.
Some States, such as Finland, New Zealand and Norway, indicated that existing
national laws and policies already conformed to the principles contained in the Declaration
and therefore they had not developed additional strategies to implement the Declaration.
Australia noted synergies between existing policies addressing Aboriginal peoples and the
Declaration.
11.
The response of the Plurinational State of Bolivia did not explicitly indicate whether
it had a specific strategy to implement the Declaration. However, its national development
plan, entitled “Bolivia digna, soberana, productiva y democrática para vivir bien”, was
developed to achieve the Millennium Development Goals and the objectives of the second
International Decade of Indigenous Peoples. The Chilean strategy to implement its
international obligations in relation to indigenous peoples domestically is focused on five
areas: culture, identity and education; land; institutional capacity; participation and
consultation; and integral development. This policy was developed through dialogue with
the nine indigenous peoples in the country.
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