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Overview of the activities carried during the first three-year term of the mandate 2011, para. 113
- Paragraph text
- The Special Rapporteur is pleased to provide the General Assembly with the present report and looks forward to holding a dialogue with States about his work. Although he is encouraged by the positive developments that have taken place in many places, he remains concerned about the ongoing struggles for and violations of indigenous peoples' rights throughout the world. During the second term of his mandate, he will make the development of concrete measures to tackle these pressing problems a top priority by identifying good practices and workable models and building on advances already made. Through this work, he hopes to assist in the multifaceted efforts under way to achieve the future envisioned by the Assembly when it adopted the United Nations Declaration on the Rights of Indigenous Peoples in 2007, a future in which indigenous peoples' distinct identities and cultures are fully valued and in which they have the opportunity to control their own destinies, under conditions of equality, within the broader societies in which they live.
- 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
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 77
- Paragraph text
- The Special Rapporteur sees three principal aspects of the external dimension. A first aspect has to do with the participation of indigenous peoples in the broader public or political life of the State. Almost invariably, the participation of indigenous peoples in the broader public life of the State is inadequate and not proportional in relation to indigenous populations. While there are numerous examples of efforts by States to increase indigenous political participation through various measures, continued steps need to be taken to ensure greater indigenous participation in the public sphere. In this regard, special measures may be required to ensure that indigenous peoples can participate on equal footing in the public and political life of States.
- 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
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 43
- Paragraph text
- A first aspect of the external dimension has to do with the participation of indigenous peoples in the broader public life of the State, as promoted by article 5 of the Declaration, and is related to the right of all citizens to political participation. This aspect of participation in decision-making within spheres extending beyond indigenous communities is mostly, though not entirely, a matter of the rights of indigenous individuals. As affirmed in particular by the Inter-American Court of Human Rights in the case of Yatama v. Nicaragua, the right of indigenous peoples to participate in the broader public life of the State also includes a collective element, which requires States to enact special measures to ensure the effective participation of indigenous peoples within State political structures and institutions.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 57
- Paragraph text
- While strengthening of support for the Declaration is to be celebrated, it is all too apparent that a great deal remains to be done to see the objectives of the Declaration become a reality in the everyday lives of the indigenous peoples of the world. Today, the Declaration serves more as a reminder of how far there is to go in bringing justice and dignity to the lives of indigenous peoples than a reflection of what has actually been achieved on the ground. Indeed, historical patterns of oppression continue to manifest themselves in ongoing barriers to the full enjoyment of human rights by indigenous peoples. It is feared that the wide gap between 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. This cannot be allowed to happen.
- 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
- 2010
- Date added
- Aug 19, 2019
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. 97
- Paragraph text
- Urgent measures should be adopted to protect indigenous peoples’ rights to life and security, particularly when they are exercising or defending their rights. Impunity for crimes committed against indigenous peoples must end.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
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. 55
- Paragraph text
- The nature of the allegations received by the mandate holder indicates an increase in violence against indigenous peoples when they defend their basic human rights, including their rights to lands and resources. Within this context, the use of anti-terrorist legislation, the terming of human rights defence as a criminal activity, and impunity when crimes against indigenous peoples are committed remain very serious concerns. In the past 10 years the mandate holder has addressed, often together with other special procedures mandate holders, many cases of violence against indigenous peoples, their leaders and representatives. This has been undertaken through the communications procedure and the release of public statements. The mandate holder has also sought to address these situations by engaging the Governments in constructive dialogues and by undertaking working visits to examine the issues in more depth. The Special Rapporteur intends to develop further research on this issue but would like to emphasize that the underlying reason for the key problems seen in these cases is the lack of observance of indigenous land, natural resources and related rights recognized in the Declaration and other human rights instruments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Analysis of the impacts of international investment agreements on the rights of indigenous peoples 2016, para. 27
- Paragraph text
- Typically, the host States involved employ economic development policies aimed at the exploitation of energy, mineral, land or other resources that are predominantly located in the territories of indigenous peoples. The government agencies responsible for implementing those policies regard such lands and resources as available for unhindered exploitation and actively promote them as such abroad to generate capital inflows. Recognition of indigenous peoples' rights in the domestic legal framework is either non-existent, inadequate or not enforced. Where they exist, institutions mandated to uphold indigenous peoples' rights are politically weak, unaccountable or underfunded. Indigenous peoples lack access to remedies in home and host States and are forced to mobilize, leading to criminalization, violence and deaths. They experience profound human rights violations as a result of impacts on their lands, livelihoods, cultures, development options and governance structures, which, in some cases, threaten their very cultural and physical survival. Projects are stalled and there is a trend towards investor-State dispute settlements related to fair and equitable treatment, full protection and security and expropriation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 71
- Paragraph text
- [To States:] Adopt all necessary policy, legal and administrative measures for the full recognition of the rights of indigenous peoples over their lands, territories and resources as enshrined in international human rights law.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 78h
- Paragraph text
- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Ensure that due process is undertaken in relation to all indigenous women who enter the criminal justice system;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 78a
- Paragraph text
- [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Ensure that the birth of every indigenous child is formally registered in national systems;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 66
- Paragraph text
- Linked with reconciliation yet to be completed, a fourth barrier to the full enjoyment of the rights of indigenous peoples is the ongoing negative perceptions of indigenous peoples among the broader societies in which they live, including within governments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 31
- Paragraph text
- Perhaps the clearest manifestation that redress is still needed for indigenous peoples around the world is their continued lack of access to and security over their traditional lands. In that regard, in article 28 of the Declaration, it is stated that "indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent" and that this compensation "shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress". While advances have without a doubt been made over the past several decades in returning lands to indigenous peoples and protecting their existing land bases, more remains to be done nearly everywhere. There are, of course, a number of ways in which land restitution can and has taken place, including through executive decrees, judicial decisions or negotiated arrangements, although complications can arise, especially when competing private third party interests are involved.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 30
- Paragraph text
- Also essential to reconciliation are affirmative steps of redress to remedy the ongoing manifestations of harm. Throughout the United Nations Declaration on the Rights of Indigenous Peoples there are calls for "effective mechanisms" for redress in connection with a range of rights. Indeed, as noted by the previous Special Rapporteur in his first report to the Human Rights Council, the Declaration in its entirety can be understood as fundamentally a "remedial" instrument that "aims at repairing the ongoing consequences of the historical denial of the right to self-determination and other basic human rights affirmed in international instruments of general applicability" (A/HRC/9/9, para. 36). Specifically, redress is required for any action aimed at depriving indigenous peoples of their integrity as distinct peoples (art 8, para. 2 (a)); any action with the aim or effect of dispossessing them of their lands, territories or resources (art. 8, para. 2 (b)); any form of forced assimilation or integration (art. 8, para. 2 (d)); for the taking of their cultural, intellectual, religious or spiritual property (art 11); depriving them of their means of subsistence (art. 20, para. 2); as well as for the development, utilization or exploitation of their mineral, water or other resources (art. 32, para. 2).
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 84
- Paragraph text
- Indigenous peoples' free, prior and informed consent is required, as a general rule, when extractive activities are carried out within indigenous territories. Indigenous consent may also be required when extractive activities otherwise affect indigenous peoples, depending on the nature of the activities and their potential impact on the exercise of indigenous peoples' rights.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 74d
- Paragraph text
- [Within both of these areas of concern, there is a need for Governments to decidedly fold into development programmes the goal of increasing indigenous self-determination. Enhancing indigenous self-determination is a matter of basic human dignity as well as being conducive to successful practical outcomes. Among the objectives to be pursued in this regard are the following:] Allowing indigenous peoples the opportunity to continue to progress and improve decision-making concerning development on their own terms, and to remedy any shortcomings through their own forms of internal regulation and accountability. In this regard, indigenous peoples should be allowed the opportunity to make mistakes, to learn from those mistakes and to build ever-greater capacity and wisdom to advance in their own development objectives and choices about the future.
- 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
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 72
- Paragraph text
- There are two broad areas of concern that can be identified when considering development programmes affecting indigenous peoples. The first area of concern relates to policies and initiatives aimed at the development of the economy or infrastructure of the State generally and that are said to benefit the people of the State as a whole, but that have actual or potential negative effects on indigenous peoples. These include, inter alia, development programmes involving the extraction of natural resources and mega-projects such as the construction of dams and transportation facilities on indigenous peoples' territories. Such development programmes and projects, despite their specific effects on indigenous peoples and their territories, are often undertaken without adequate consultation with them or without their free, prior and informed consent.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 49
- Paragraph text
- With respect to the participation of indigenous peoples in decision-making about measures that specifically affect their rights or interests - the third aspect of the right - it is evident that adequate consultation mechanisms are lacking throughout the world and that, in particular, indigenous peoples do not adequately control their territories in many cases, even when lands are demarcated and registered. The Special Rapporteur has observed numerous cases in which indigenous peoples are not provided sufficient opportunity to participate in decision-making concerning natural resource extraction activities taking place within their traditional lands. Given the pervasiveness of this problem in countries throughout the world, the thematic section of the Special Rapporteur's 2010 annual report to the Human Rights Council (A/HRC/15/37) is dedicated to examining issues related to extractive industries operating in indigenous territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 48
- Paragraph text
- Regarding the first aspect of external participation, through his work the Special Rapporteur has observed that the participation of indigenous peoples in the broader public life of the State is inadequate and generally not proportional in relation to their populations in most countries where indigenous peoples live. Nevertheless, there are numerous examples of efforts by States to increase indigenous political participation through targeted measures such as guaranteed seats in legislative bodies, redistricting and the creation of special indigenous advisory bodies. Still, continued steps need to be taken to ensure greater indigenous participation in the process of defining State policy and administering Government programmes so that the voices of indigenous peoples and individuals will at all times be heard at all levels of public and political decision-making. The Special Rapporteur has explored several examples of problems encountered and solutions advanced in this connection in his reports examining the situations of indigenous peoples in different countries.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 46
- Paragraph text
- Apart from its external aspects, the internal dimension of the right to participation in decision-making relates to indigenous peoples' exercise of autonomy and self-government, and to maintaining their own legal and justice systems. This dimension of the right includes a corresponding duty of the State to allow indigenous peoples to make their own decisions concerning their internal matters, and to respect those decisions. In this regard the Declaration recognizes in article 4 the right of indigenous peoples to "autonomy or self-government in matters relating to their internal and local affairs". It is apparent from experiences worldwide that the effective exercise of the right to autonomy and self-government will require a strengthening of indigenous peoples' institutions and self-government structures, in order that they may genuinely take control of their own affairs in all aspects of their lives and to ensure that matters affecting them are aligned with their own cultural patterns, values, customs and world-views.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 44
- Paragraph text
- A second aspect of the external dimension relates to the participation of indigenous peoples in decision-making by State actors about measures that affect indigenous peoples' rights or interests in particular, beyond those rights or interests shared by the people of the State generally. In this regard, article 18 of the Declaration states that "Indigenous peoples have the right to participate in decision-making in matters which would affect their rights". This right includes a corollary duty of States to consult with indigenous peoples in matters that affect their rights and interests in order to obtain their free, prior and informed consent as recognized, especially, by article 19 of the Declaration. The Special Rapporteur devoted his second annual report to the Human Rights Council to the issue of the duty of States to consult with indigenous peoples (A/HRC/12/34), and has continued to address this issue in various aspects of his work.
- 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
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 27
- Paragraph text
- The problems arising from such development projects affecting indigenous peoples are present in a wide range of situations that the Special Rapporteur regularly encounters in connection with his activities of monitoring and responding to situations of concern to indigenous peoples around the world. These problems are often related to the absence of any adequate mechanisms of participation of indigenous peoples in the design and implementation of the development initiatives, the absence of adequate mitigation measures that take into account indigenous environmental and cultural concerns, the failure to recognize indigenous property rights in lands and resources and the absence of equitable sharing in the benefits of the development projects. In this regard, article 32 of the Declaration, with its call for the free and informed consent of indigenous peoples prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources, provides an important template for avoiding these problems in the development context.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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. 54
- Paragraph text
- In several regions, large-scale land-grabbing is escalating and producing serious human rights violations and direct attacks against indigenous leaders and community members who seek to defend their land rights. Indigenous peoples are being threatened, arrested and prosecuted and, in the worst situations, they become the victims of extrajudicial executions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
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. 96
- Paragraph text
- Consultation and free, prior and informed consent are important safeguards of the fundamental rights of indigenous peoples and essential elements for establishing a good faith and respectful relation between them and the States. States and indigenous peoples should jointly develop the measures deemed necessary to make these rights effective.
- 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
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
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. 95
- Paragraph text
- The enjoyment of the rights of the indigenous peoples to their lands, territories and resources is central for their survival as distinct peoples. This requires that special and urgent efforts to ensure that legal, policy and other measures fully recognize, protect and enforce these rights, including redress when violations have occurred. In this regard, relevant court decisions should be complied with.
- 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
- Date added
- Aug 19, 2019
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. 94
- Paragraph text
- Indigenous governance institutions and justice systems should be recognized and supported. Permanent intercultural dialogues should be established to agree on the harmonization of indigenous institutions and justice systems with the overall institutional structure of the country and with the ordinary justice system. All necessary measures have to be adopted to ensure that indigenous peoples have access without discrimination to the justice system.
- 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
- Date added
- Aug 19, 2019
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. 86
- Paragraph text
- Ten years after its adoption, and in spite of the reaffirmation of the commitment to the Declaration made at the World Conference on Indigenous Peoples in 2014, the Special Rapporteur has to conclude that there has been limited progress in the actual implementation of the rights of indigenous peoples. This is observed in particular with regard to the core rights of indigenous peoples to self-determination and their rights to their lands, territories and resources. This conclusion is based on the work of the mandate holder since 2007.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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. 47
- Paragraph text
- Another common concern is how the governmental institutions dealing with indigenous peoples are presented as being indigenous peoples’ representative institutions. The mandate holder has stressed the right of indigenous peoples to maintain their own institutional structures and political systems and to participate in decision-making through their own representatives chosen by themselves through their own procedures, as set out in article 18 of the Declaration. Their full and effective participation in the public life of the State should be ensured.
- 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
- Date added
- Aug 19, 2019
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. 24
- Original document
- Paragraph text
- The sections that follow contain comments on progress made and challenges remaining within three key spheres that the mandate holder has had the opportunity of assessing in country missions, working visits, exchanges with State representatives, indigenous peoples and others, and through communications work, namely, the development of an adequate legal framework, the adoption and implementation of enabling public policies and the establishment of adequate institutional arrangements.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph