A/68/317
the opportunity to present his work in the African context and globally, and
exchange information with the regional mechanisms on common challenges and
objectives. On the basis of the discussion that took place at that meeting, the Special
Rapporteur plans to visit Kenya in September 2013 to meet with members of the
African Commission’s Working Group on Indigenous Populations/Communities in
Africa, to discuss strategies for implementation of the Commission’s principal
decision to date regarding indigenous peoples, its decision in the case of the
Endorois Welfare Council vs. Kenya.
56. The Special Rapporteur hopes that, in the future, the mandate will develop
more systematized methodologies for coordinating with the regional human rights
institutions, as well as strengthen collaboration with the ASEAN Intergovernmental
Commission on Human Rights. As above, he encourages indigenous peoples and
their representatives to think strategically when submitting the same case to both the
Special Rapporteur and the regional human rights institutions, considering the added
value that each procedure might be able to offer and avoiding unnecessary
duplication.
III. Strengthening commitment to the Declaration on the Rights
of Indigenous Peoples and its implementation
57. Throughout his mandate the Special Rapporteur has been especially cognizant
of the directive by the Human Rights Council, in its resolutions 15/14 and 6/12,
paragraph 1 (g), that he promote the United Nations Declaration on the Rights of
Indigenous Peoples and international instruments relevant to the advancement of the
rights of indigenous peoples, where appropriate. Because of this directive and the
Declaration’s stature as the principal statement of the United Nations on indigenous
rights, since assuming his mandate in May 2008, the Special Rapporteur has
regarded the Declaration as providing the principal normative frame of reference for
his work, as made clear in his numerous thematic and country reports and
communications regarding alleged violations of human rights.
58. The Special Rapporteur continues to observe that, despite expressions of
commitment to the Declaration and significant positive developments worldwide, a
great deal remains to be done to see the objectives of the Declaration become a
reality in the everyday lives of indigenous peoples of the world. In previous reports,
the Special Rapporteur has provided extensive analysis of the Declaration and the
need for concrete steps to advance in the implementation of the human rights
standards enshrined therein (A/67/301, paras. 26 to 32, 82; A/66/288, paras. 62
to 76; A/65/264, paras. 54 to 69; 83 to 88; A/64/338, paras. 37 to 64, 68 to 75; and
A/HRC/9/9, paras. 18 to 90). He still fears that the wide gap between the rights
mentioned in the Declaration and its effective implementation will persist, leading
to a certain complacency and acceptance of that condition by dominant actors and
within the United Nations system. As he has stressed before, this cannot be allowed
to happen.
59. The Special Rapporteur perceives that, among many States and other powerful
actors, commitment to the Declaration is weakened, not just by contending political
and economic forces, but by certain ambiguities and positions about the status and
content of the Declaration. In the following discussion, the Special Rapporteur
confronts some of these ambiguities and positions, in the hope of helping to
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