A/HRC/57/62 Annex Expert Mechanism Advice No. 17 (2024): Constitutions, laws, legislation, policies, judicial decisions and other mechanisms through which States have taken measures to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, in accordance with article 38 of the Declaration 1. The Expert Mechanism provides the following advice on the measures taken by States to achieve the ends of the United Nations Declaration within the context of their human rights obligations and responsibilities. 2. There is a general understanding that the Declaration synthesizes the spectrum of fundamental human rights already enshrined in various treaties and international jurisprudence in the context of Indigenous Peoples. The United Nations treaty bodies have frequently referred to the Declaration to interpret relevant provisions of these treaties in matters involving Indigenous Peoples. Similarly, the Declaration helps States interpret and understand their existing human rights obligations as a matter of international and domestic law. 3. The Declaration has contributed to the development of – and reflects – general principles of international law or customary international law. The Declaration includes several key provisions that correspond to existing State obligations under customary international law. 4. States should operationalize the rights affirmed in the Declaration in ways that entail clear programmes of legal and policy reform, institutional action and reparations for past wrongs. 5. States should, in cooperation and collaboration with Indigenous Peoples, incorporate frameworks to implement the Declaration into domestic law. Implementing the Declaration will normally require States to adopt new laws or to amend existing legislation at the domestic level, as well as developing a regulatory framework, as provided in article 38 of the Declaration, which calls for appropriate legislative measures. 6. States should institute constitutional and other legal reforms and judicial actions to recognize and operationalize the rights of Indigenous Peoples under the Declaration at the local level. The legislative process should apply a comprehensive approach to synchronize different elements and levels of legislation and regulations in order to make them consistent. 7. Legal and institutional transformations required by the Declaration are usually not sufficiently addressed solely by enacting specific Indigenous laws and legislation. States should aim to transform laws, policies and structures in all areas affecting the fulfilment of Indigenous Peoples’ rights. 8. While the legislative implementation of the Declaration is not always coupled with constitutional reforms, it does provide the judiciary with tools that they can use to maintain the relationship between justice and jurisprudence. The Declaration is progressively interpreted in national, regional and international jurisprudence and judicial decisions on Indigenous Peoples’ rights. In the light of this, measures are needed to direct and support the judiciary in ensuring that domestic laws are interpreted and applied in a manner consistent with States’ international human rights obligations. This includes judicial training on the Declaration and international law more widely, carried out in consultation and cooperation with Indigenous Peoples, and the appointment of more Indigenous judges. 9. In implementing article 38 of the Declaration, States should establish monitoring bodies that can build political momentum towards the advancement of the rights of 18 GE.24-13517

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