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Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 50
- Paragraph text
- Finally, independent national human rights institutions have a critical role to play with regard to promoting and monitoring national laws and policies, their harmonization with international human rights standards, including the Declaration, and State compliance. Some independent national human rights institutions have incorporated indigenous members, or sections on indigenous issues, have developed good monitoring practices, and have promoted dialogue on the rights of indigenous peoples in their countries. Countries where independent national human rights institutions have promoted the rights of indigenous peoples include Colombia, Guatemala, Peru, Australia, Indonesia, Malaysia, Nepal, New Zealand, the Philippines, Kenya, Namibia and the United Republic of Tanzania.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 52
- Paragraph text
- The Declaration contains a set of collective rights that are fundamental for the survival of indigenous peoples as distinct peoples, as underlined by international, regional and national law and jurisprudence. These are their right to self-determination and the related rights over their lands, territories and natural resources, on which the enjoyment of the whole panoply of their human rights depends. The Declaration states the “urgent need” to respect and promote the inherent rights of indigenous peoples, “especially their rights to their lands, territories and resources”. Therefore, it is a serious concern that the most common complaints brought to the attention of the Special Rapporteur are precisely violations of indigenous peoples’ collective rights to their lands, territories and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 53
- Paragraph text
- As already mentioned, several countries have developed legal instruments and administrative and other measures to recognize indigenous rights to land and resources, including processes of land demarcation, title-clearing, dispute settlement, and others. Yet, even in those countries, implementation of legislation and policies is inadequate and indigenous peoples continue to be dispossessed of their traditional lands and resources and forcibly displaced, including by State-sponsored infrastructure, agribusiness, extractive projects and conservation measures. The consequences of such violations on indigenous peoples, as observed by the mandate holder in a wide range of countries across the world, continue to result in the expropriation of land, forced evictions, and the denial of self-governance, as well as discrimination against traditional livelihoods and loss of culture and spiritual sites.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 64
- Paragraph text
- In response, the mandate holder has provided detailed comments and recommendations to help to clarify and implement these standards in general and specific cases, including on “consultation on consultation” processes to decide on the measures that could be best suited to ensuring respect for fundamental rights in accordance with international human rights standards, particularly the Declaration. Advice has been provided through participation in meetings and seminars, communications, visits and reports, including on legal standards applicable to projects and activities that affect indigenous peoples’ lands, territories and resources.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 10
- Original document
- Paragraph text
- The preamble to the Declaration underlines fundamental aims and principles which should guide its interpretation and implementation: the need to overcome and repair the historical denial of the fundamental human rights of indigenous peoples, and the affirmation of the equality of indigenous peoples and individuals to all other peoples and individuals, paired with their right to be different. The Declaration itself can be considered a remedial tool.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 15
- Original document
- Paragraph text
- Challenges remain regarding the interpretation of the content of the rights enshrined in the Declaration. Differences in interpretation continue to exist especially in relation to rights to lands and resources; the application of the duty of States to consult with and seek the free, prior and informed consent of indigenous peoples in matters that affect them; and the harmonization of State and customary indigenous governance and justice systems.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 28
- Paragraph text
- Discussions on recognition of indigenous peoples and their rights in the Constitution are ongoing and at the federal level in Australia, Chile and Guatemala. In February 2017, the Special Rapporteur together with other special procedures mandate holders wrote to the Government of Guatemala urging it, in the context of the ongoing parliamentary debate, to support amendments to the Constitution which would recognize the indigenous justice system.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 29
- Paragraph text
- Within the Commonwealth of Australia, each of the six States already have Constitutions that recognize Aboriginal peoples and the Queensland Constitution specifically recognizes Torres Strait Islander peoples as well. The Constitution of Mexico City, adopted in February 2017, refers to the rights of indigenous peoples within an urban setting, explicitly mentions the Declaration and adopts it as its legal framework.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 12
- Original document
- Paragraph text
- Furthermore, the Declaration is an instrument aimed at ending the pervasive racism and discrimination still suffered by indigenous peoples in the enjoyment of their human rights. Racism and discrimination are prevalent mindsets and attitudes that prevent the establishment of equal relationships between indigenous peoples and States, and with the society at large.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 6
- Original document
- Paragraph text
- On 22 and 23 September 2014, United Nations Member States held a high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, to share perspectives and best practices on the realization of the rights of indigenous peoples, including to pursue the objectives of the Declaration. The conclusions of the meeting, reflected in its outcome document, reiterate the commitment of the United Nations system and its Member States towards achieving the ends of the Declaration.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 49
- Paragraph text
- In other countries, indigenous peoples are developing their own proposals of autonomy in accordance with the Declaration, such as the Autonomous Territorial Government of the Wampis Nation in Peru. In Bolivia, the first autonomous local government took office in the province of Charagua in January 2017. In addition, new institutions have been created, such as the Sami Parliaments in the Nordic countries, the National Congress of Australia’s First Peoples, and numerous indigenous representative organizations. Nevertheless, challenges still remain for the recognition of indigenous peoples’ own institutions and organizations in many countries, including restrictive legalisation and registration processes.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 56
- Paragraph text
- The mandate holder has provided numerous recommendations in country reports and in communications on measures and actions to be adopted to realize indigenous peoples’ land and resources rights. These include the development of an adequate legal framework in accordance with international human rights standards; the establishment of accessible, prompt and effective procedures to process land titles; the review of laws on expropriation; adequate mechanisms to resolve land disputes; ensuring effective protection from encroachment, including through early warning systems; and the prohibition of forced evictions. National and regional human rights courts have elaborated jurisprudence that provides a solid basis on the ways to realize indigenous peoples’ rights to their lands and resources, including appropriate remedies when those rights have been violated. The lack of compliance with such court decisions remains a concern.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 61
- Paragraph text
- The maintenance of indigenous peoples’ own customary legal institutions and norms is an essential aspect of their right to self-determination. Indigenous jurisdictional functions have been recognized at the national level in several countries. Nevertheless, in spite of increasing recognition of the value of customary law and indigenous justice systems, and certain steps taken towards legal pluralism, implementation of indigenous jurisdiction is still contested. Much more needs to be done in terms of both recognition and harmonization with the national justice systems. An intercultural dialogue and understanding between State and indigenous justice authorities is vital, taking into account indigenous good practices.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 62
- Paragraph text
- Consultation and free, prior and informed consent are essential safeguards that help to realize the substantive human rights of indigenous peoples. Thus, adequate implementation of the State duty to consult and obtain consent must ensure realization of those fundamental rights. There are different ways in which consultation and consent can be operationalized and this is not just limited to the adoption of specific legislation. In cases when States decide to develop laws to implement this duty, an adequate process has to be established so that indigenous peoples fully participate in the drafting and adoption of such measures. The rights to consultation and consent should not be regarded as stand-alone rights, as these are closely linked to other rights such as the right to self-determination, the right to lands, territories and resources and the right to development.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 35
- Paragraph text
- A positive trend has developed during the past 10 years with the use of the Declaration as a source of law in regional and national courts. Gradually, the Declaration is being incorporated into jurisprudence and cited as an authoritative legal source in the interpretation of the content of indigenous rights. Some Constitutional and Supreme Courts have also explicitly recognized the Declaration in developing jurisprudence at the domestic level.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 74
- Paragraph text
- The adoption of such policies is a first step that United Nations bodies can take to comply with their obligations set forth in articles 41 and 42 of the Declaration. Of note is that the United Nations bodies, including the Permanent Forum on Indigenous Issues and its secretariat, have developed several capacity-building tools and training modules for the mainstreaming of the Declaration in the work of United Nations agencies, bodies, funds and other entities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 11
- Original document
- Paragraph text
- True reconciliation requires affirmative steps to provide remedy and redress for indigenous peoples. As stated in the Declaration, this is required inter alia for the dispossession of their land, territories and resources, for any form of forced assimilation or integration, for taking cultural, intellectual, religious or spiritual property, for the deprivation of their means of subsistence as well as for the development and for the utilization or exploitation of their mineral, water or other resources. An essential approach for redress in these processes is the consideration of the collective nature of the impact of such violations and therefore the incorporation of adequate collective reparation measures. Without definite measures of remedy, reconciliation cannot be achieved.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 13
- Original document
- Paragraph text
- In this regard, the view that the implementation of the rights enshrined in the Declaration amounts to bestowing unjustified privileges on a certain group is a serious concern. This view was held by some States after the adoption of the Declaration and, unfortunately, it has been since reiterated by other actors, including international financial institutions, in the framework of discussions on safeguards to ensure respect for the rights of indigenous peoples. This erroneous interpretation has also been expressed with regard to the special measures required to overcome centuries of racism and discrimination.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 69
- Paragraph text
- Among the gains achieved after the Declaration came into being is the adoption of policies and guidelines on indigenous peoples by several agencies, programmes and funds and other intergovernmental bodies. In 2008, the United Nations Human Settlements Programme (UN-Habitat) adopted its “Policy guide to housing of indigenous peoples in cities”. The United Nations Development Group adopted its “Guidelines on indigenous issues” in 2009, the same year as the International Fund for Agricultural Development adopted its policy of engagement with indigenous peoples. The Food and Agriculture Organization of the United Nations followed suit and adopted its policy on indigenous and tribal peoples in 2010. The United Nations Environment Programme finalized its “Policy guidelines on indigenous peoples” in 2012.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 78
- Paragraph text
- The International Labour Organization has a particular standing among United Nations agencies with regard to the rights of indigenous peoples, owing to its role in the promotion and implementation of ILO Convention No. 169. The Declaration and ILO Convention No. 169 are complementary international human rights instruments and constitute the minimum human rights standards needed for the dignity, well-being and survival of indigenous peoples. ILO plays an important role, including through technical advice, in the operationalization of the rights of indigenous peoples. Within this context, it is important to recall that, when interpreting human rights standards, a progressive approach is required, so that a human rights instrument can never be used to diminish subsequently recognized standards.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 80
- Paragraph text
- Development and conservation civil society organizations are also important actors. Their work should adhere to a human rights-based approach, by cooperating with indigenous peoples in achieving the ends of the Declaration and supporting their own self-determined commitments to respect the Declaration. It is positive that already in 2008, the International Union for Conservation of Nature, the key global entity for the adoption of conservation policies on protected areas, explicitly pledged its commitment to implementing the Declaration in conservation work. However, as noted by the current mandate holder in her assessment of how conservation initiatives impact indigenous peoples’ rights, “considerable implementation gaps remain and new threats to human rights-based conservation are emerging”.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 43
- Paragraph text
- While there are some good practices of indigenous-led initiatives supported by States, it remains a serious concern that certain traditional livelihoods and indigenous economic practices are still disregarded and marginalized in many countries, in disregard of article 20 of the Declaration. This is the case with traditional pastoralism in eastern Africa, hunting and gathering, traditional agricultural practices such as shifting cultivation in South-East Asia, small-scale traditional fishing in many coastal areas, or reindeer-herding in the Arctic. Moreover, the contributions of these indigenous livelihoods and economic activities to the general economy are not adequately valuated and taken into account. The right of indigenous peoples to continue practising their traditional livelihoods is often violated in contrast with the protection of the rights and claims of those dominating the national economy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 46
- Paragraph text
- Even when special institutions devoted to indigenous peoples exist, lack of adequate coordination and lack of awareness and capacity among State institutions with regard to indigenous issues are common problems cited across countries in terms of enforcing legislation and other measures. The mandate holder has repeatedly recommended that States develop specialized training programmes for government officials as well as members of the legislative branch and the judiciary on the rights of indigenous peoples. Members of the police force, the military and penitentiary staff should also receive training. Indigenous peoples should be involved in designing such programmes and adequate technical and financial resources for these should be provided.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 5
- Original document
- Paragraph text
- The General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples on 13 September 2007 (resolution 61/295). The mandate of the Special Rapporteur on the rights of indigenous peoples was extended to include the task of promoting the Declaration within weeks of its adoption in 2007.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 57
- Paragraph text
- Many of the obstacles indigenous peoples face in the recognition of their rights to land and resources are linked to undue delays in the existing procedures and their inability to access justice, particularly when rights of third parties are involved. Access to justice remains elusive for indigenous peoples, both because of the numerous obstacles they face to effectively access the general justice systems and for the lack of adequate recognition of their own customary laws and jurisdiction.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 58
- Paragraph text
- An important component of the international standard of access to justice applicable to indigenous peoples is the due consideration of their customary norms and governance as well as of the potential barriers they might face due to language and cultural differences, geographical distance and their social and economic situation. Among these obstacles are insufficient resources to hire lawyers, absence of interpretation in their languages during court hearings, and the inaccessibility of courts as these are usually located in urban centres.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 60
- Paragraph text
- However, encouraging examples of access to justice have been observed by the mandate holder. These include the admission of cultural expert testimonies, the incorporation of indigenous justice operators within the national justice systems, the use of indigenous interpreters, capacity-building of judges and other justice operators, and the incorporation of Aboriginal law and relevant international standards in law schools.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 66
- Paragraph text
- United Nations human rights treaty bodies have referred to the Declaration as an authoritative source on State obligations regarding indigenous peoples’ rights in their assessments of compliance under the various treaties. Observations and recommendations by the human rights treaty bodies provide valuable insight on the implementation of the Declaration in specific contexts and situations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 85
- Paragraph text
- The Declaration offers a historical opportunity to change the relationship of Member States with indigenous peoples from one of exclusion and marginalization into one of reconciliation, cooperation and respect. The adoption of the Declaration was, by itself, a first step by Member States, to start this new relationship and remedy past injustices and their contemporary consequences.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 26
- Paragraph text
- The legal framework may consist of a combination of constitutional recognition and specific legal instruments devoted to the rights of indigenous peoples in general or on different sectoral issues. In some countries, such as Canada, New Zealand and the United States of America, treaties were signed between indigenous peoples and States which provide a legal basis for domestic recognition of indigenous peoples’ rights. There is an ongoing discussion of the possibility of development of a treaty in Australia. There are also different kinds of agreements between indigenous peoples and the State in certain countries. As stated in the Declaration, treaties, agreements and other arrangements between States and indigenous peoples are the basis for a strengthened partnership between indigenous peoples and States and should be honoured and respected.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph