A/HRC/24/49
75.
Ms. de Carvalho noted the expansion of the fund’s scope to support the
participation of indigenous peoples in the World Conference, and expressed concern about
the financial implications on the mandate of the Voluntary Fund without increased
resources to support this addition. Ms. de Carvalho expressed gratitude to the contributors
to the Voluntary Fund and called upon States to express their support and commitment to
indigenous peoples worldwide by making contributions to the Voluntary Fund.
76.
Ms. Lasimbang recalled that the Human Rights Council, in its resolution 21/24, had
requested the Expert Mechanism to continue to undertake, with the assistance of OHCHR, a
questionnaire to seek the views of States and indigenous peoples on best practices with
regard to possible appropriate measures and implementation strategies in order to attain the
goals of the United Nations Declaration on the Rights of Indigenous Peoples.
77.
Ms. Lasimbang welcomed the responses received from States and indigenous
peoples to the questionnaire.4 She noted with concern that only 21 States and 17 indigenous
peoples and indigenous peoples’ organizations responded to the questionnaire. She
recommended that alternative methods of data collection be considered to ensure the
meaningful participation of indigenous peoples in future efforts.
78.
Ms. Lasimbang reviewed the submissions received from States and indigenous
peoples and organizations and shared many specific examples of laws, policies and
programmes towards implementation of the Declaration. She further noted that overall the
tenor of some responses underscores the ongoing tension between States and indigenous
peoples on the best approaches to achieving the goals of the Declaration.
79.
Ms. Lasimbang also noted that, according to the results of the questionnaire, no
State has yet passed explicit laws requiring the Declaration to be considered when devising
new laws, policies or other measures relating to indigenous peoples and that lack of
awareness of the Declaration remains one of the biggest challenges to implementing the
rights of indigenous peoples. She highlighted that there was evidence to suggest that States
sometimes perceive a conflict between the recognition and implementation of the rights
contained in the Declaration and the principle of equality. She emphasized that such a
perception can be overcome by applying an analysis of substantive equality, which may
require treating indigenous peoples as distinct groups facing unique circumstances.
80.
Ms. Lasimbang explained that some of the best practices identified were
partnerships between States and indigenous peoples, which facilitate the full and effective
participation of indigenous peoples in decision-making. She noted that the responses to the
questionnaire should provide inspiration to others in devising creative strategies to
implement the Declaration.
81.
Ms Lasimbang noted that the responses from indigenous peoples and organizations
were mainly focused on thematic issues and their activities were often limited due to
financial resources and the lack of State willingness to cooperate. She also noted that only a
few indigenous peoples who responded have strategies in place to implement the
Declaration. She highlighted that indigenous peoples and organizations had identified good
practices that could include the development of various initiatives targeting national
policies, laws and regulations to make them consistent with the Declaration. This includes
strengthening the links between United Nations mechanisms and indigenous peoples
through proposing measures and implementation strategies to attain the goals of the
Declaration.
4
16
See A/HRC/EMRIP/2013/3.