A/HRC/15/36
V.
The United Nations Declaration on the Rights of Indigenous
Peoples
48.
The Chairperson-Rapporteur opened the discussion under the agenda item on the
Declaration on the Rights of Indigenous Peoples by recalling that the purpose of the
discussion is not to list violations or to monitor the implementation of the Declaration,
which the Expert Mechanism is not mandated to do. Rather, the aim of the discussion is to
identify positive practices and challenges in the use of the Declaration at the local, regional
and international level. In this context, he also welcomed contributions concerning the
follow-up to the first study on the right to education and on how the study has helped
efforts to improve the implementation of the Declaration.
49.
Several government delegations made interventions under this agenda item,
highlighting achievements in the implementation of the principles of the Declaration, and
also providing a number of examples of efforts to raise awareness of the Declaration,
including through its publication and distribution in local languages. Many governments
highlighted the importance of the Declaration and the chance to have a specific discussion
on it in the context of the Expert Mechanism session was welcomed by a number of
speakers. There were also specific examples of the way in which the first study by the
Expert Mechanism on the right to education has been considered at the national level in
the context of the formulation of policies and practices concerning indigenous peoples and
education.
50.
Many representatives of indigenous delegations welcomed the discussion on the
Declaration and the endorsement of the Declaration by their respective governments.
Many speakers commended the fact that those States that voted against the Declaration
have changed or are reassessing their positions and that the role of the Declaration is
therefore strengthening further. Several positive examples of the use of Declaration in the
domestic context were provided, but various obstacles in the implementation of the
principles of the Declaration were also highlighted by several speakers, including issues
related to the recognition of indigenous peoples. Many speakers called for enhanced
implementation by the authorities and others concerned and stressed the need to step up
awareness-raising and training on the Declaration. A number of speakers stressed the role
of the NHRIs in supporting the implementation of the Declaration and welcomed the
recent activities of OHCHR aimed at further encouraging the engagement of NHRIs in this
area.
51.
Proposals were also made with regard to the future work of the Expert Mechanism,
including a proposal for a compilation and analysis of the growing jurisprudence related to
the Declaration.
52.
The Special Rapporteur put forward a proposal to enhance the implementation of
the Declaration, calling for training, seminars and conferences at national and local levels
to bring together State officials and indigenous leaders to develop strategies and initiatives
for implementation. He also stated that States should engage in comprehensive reviews of
their existing legislation and administrative programmes to identify where they may be
incompatible with the Declaration.
53.
The Chair of the Permanent Forum recalled that the Expert Mechanism, the Special
Rapporteur and the Permanent Forum are the three United Nations mechanisms dealing
specifically with indigenous issues and recommended that they continue to have regular
meetings to strengthen their collaboration and the coordination of their work in promoting
the rights of indigenous peoples. In relation to the support to the Declaration, he
commended the recent developments toward universal endorsement while acknowledging
the existing challenges for the effective implementation of the Declaration. He further
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