A/HRC/57/62
F.
Mechanisms for monitoring implementation at the national and
regional levels
70.
As the Expert Mechanism has underscored previously, in realizing article 38 of the
Declaration, there is a need for States to establish monitoring bodies that can build political
momentum towards the advancement of the rights of Indigenous Peoples across society.94
The Special Rapporteur on the rights of Indigenous Peoples has recommended that States,
together with Indigenous Peoples, carry out strategic planning and develop monitoring
mechanisms and indicators to identify practical steps for the implementation of the human
rights standards set out in the Declaration and for its effective implementation. 95 Legislation
on national action plans can provide a road map for effective implementation.
71.
In New Zealand, when developing the national plan of action to implement the
Declaration, Indigenous Peoples examined several elements, in accordance with the advisory
note of the Expert Mechanism following its country engagement in 2019. 96 One element was
how the Treaty of Waitangi, the 2016 report of the Independent Working Group on
Constitutional Transformation and the standards contained in the Declaration were being
applied to government work programmes. Another element was consideration of the positive
impact for the Government, whanau (extended family or community of related families who
live together), hapu (division of a Māori people or community), iwi (Māori community or
people) and Māori of improved investment in Māori development and outcomes. A third was
how to measure the success of the plan.97
72.
In Canada, the 2021 federal Declaration Act required the Government to table an
action plan and to publish annual progress reports. The action plan was issued in June 2023,
after the Government had engaged in a series of consultations with First Nations, Métis and
Inuit representatives. It includes 181 measures for implementing the Declaration, including
monitoring its implementation and reviewing and amending the plan. However, Indigenous
Peoples in Canada, including groups of Indigenous women, have expressed the view that
insufficient time was provided for consultations, that the action plan lacks detailed
implementation measures and that it does not call for certain specific legislative or policy
amendments.98 Indigenous Peoples indicate that one of the lessons learned from the process
is that more collaboration will be required in the reporting process. 99 This includes calls for
independent and adequately funded mechanisms that have an arm’s-length relationship to
government, are led by Indigenous Peoples and can ensure transparency in all assessment
and reporting.100
G.
Measures taken to implement recommendations from existing national
inquiries and commissions
73.
Truth and reconciliation commissions have emerged as a key mechanism to address
past wrongs and to prevent future violations.101 A fundamental step is the analysis of actions
to respond to the final reports, conclusions and recommendations that may yield constructive
examples of implementation.
74.
A key example of commissions established to specifically address the rights of
Indigenous Peoples is the Truth and Reconciliation Commission of Canada, a process that
94
95
96
97
98
99
100
101
GE.24-13517
A/HRC/EMRIP/2023/3.
A/HRC/27/52, para. 63.
See https://www.ohchr.org/en/hrc-subsidiaries/expert-mechanism-on-indigenous-peoples/countryengagement.
Presentation by Kim Hamilton at the expert meeting, November 2023.
A/HRC/54/31/Add.2, paras. 10 and 11. See also submissions from Manitoba Keewatinowi
Okimakanak, Inc., Ontario Native Women’s Association and Native Women’s Association of
Canada.
Presentation by Gordon Christie, University of British Columbia, at the expert meeting, November
2023.
Submission from Coalition for the Human Rights of Indigenous Peoples.
A/HRC/EMRIP/2019/3/Rev.1, para. 46.
15