A/69/267
would constitute discrimination in effect, as would the unequal treatment of persons
whose situations are objectively the same. 5 The Committee thereby concluded that
“special measures are not an exception to the principle of non -discrimination but are
integral to its meaning”. 6
28. Following this reasoning, the Special Rapporteur emphasizes that there can be
no doubt about the pertinence and necessity of adopting special measures to
overcome discrimination against indigenous peoples, which is reflected in their
marginalized situation of in all parts of the world, and to assist them in
progressively achieving their economic, social and cultural rights.
29. Given that non-discrimination in the context of indigenous peoples has both an
individual and a collective dimension, and that non-discrimination and selfdetermination are complementary and intertwined principles that permeate
economic, cultural and social rights as they apply to indigenous peoples, special
measures should, accordingly, not only address the socioeconomic gaps between the
indigenous and non-indigenous sectors of society but also remove discriminatory
barriers to the exercise of their right to self-determined development and cultural
integrity.
IV. Lessons learned from current efforts to achieve the
economic, social and cultural rights of indigenous peoples
A.
Failure of the Millennium Development Goals to embody human
rights obligations, including the rights of indigenous peoples
30. While the rights of indigenous peoples are clearly defined by the Declaration
on the Rights of Indigenous Peoples, and an increasing body of knowledge
regarding its implications and operationalization is being developed, huge
implementation challenges remain, including in the context of economic, social and
cultural rights.
31. This implementation gap is sadly reflected by the failure of the international
community to use the Millennium Development Goals as a vehicle to overcome
discrimination and achieve substantial equality for indigenous peoples in the context
of their development. The eight quantifiable Goals, which were to be achieved by
2015, were derived from the Millennium Declaration, adopted by the General
Assembly in September 2000. Indigenous peoples, and civil society in general, were
not formally involved in the formulation of the Goals and neither the Goals nor the
related targets or indicators have any specific reference to the situation of
indigenous peoples.
32. This omission raised the alarm both among indigenous peoples and within the
United Nations system. In 2005, the Inter-Agency Support Group on Indigenous
Issues, which comprises more than 30 United Nations agenc ies, funds and
programmes and international organizations, expressed its concern that this
omission of indigenous peoples “… may in fact adversely impact their communities
by deepening the discrimination faced by indigenous peoples and by accelerating
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5
6
14-58847
CERD/C/GC/32, para. 8.
Ibid, para. 20.
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