A/HRC/38/23
question remained highly relevant at the current time. Indigenous peoples around the world
deserved both an affirmative answer and action in that regard. The Declaration was a
historic achievement and the most significant development in international human rights
law in decades. However, representative indigenous voices were still denied access to the
United Nations. The outcome document of the 2014 World Conference on Indigenous
Peoples, General Assembly resolution 69/2 (2014), contained both a reaffirmation by
Member States of their commitment to indigenous peoples and new commitments.
Although States had committed to considering ways to enable the participation of
indigenous peoples’ representative institutions at the United Nations, little progress had
been made in that regard due to the failure of the Member States to reach a consensus.
17.
Participation was the most pressing issue for indigenous peoples: without authentic
indigenous voices, decisions made in international forums would not be responsive to their
realities, including violence against human rights activists, land grabs linked to extractive
industries and the continued destruction of traditional ways of living. If indigenous peoples
had a voice at the United Nations, they could tell the States Members that their situation
had improved very little since the adoption of the Declaration, because decisions continued
to be made without the benefit of their views and experience. When indigenous voices were
heard, solutions were more responsive and effective.
18.
Indigenous youth had a significant role to play in that work, as they were both
citizens of the world and of their tribal nations and, as such, had much to contribute.
Indigenous youth in North America faced a number of challenges, including negative health
and education outcomes and economic disparities. Those disparities were linked to
historical trauma, chronically underfunded programmes and ineffective policies. The
Declaration provided a tool to change those situations. Indigenous youth were increasingly
stepping forward to better understand international frameworks, in order to strengthen their
advocacy efforts.
19.
The mandate of the Expert Mechanism on the Rights of Indigenous Peoples had
been amended and it had a role to play in: engaging with local actors to ensure that the
recommendations of international bodies and mechanisms were respected and fulfilled;
reporting to the Council on good practices in the achievement of the goals of the
Declaration; and providing advice to Member States and indigenous peoples.
20.
The implementation of the Declaration was an ongoing challenge that would take
time. It was essential that the information and tools required to continue that task be passed
on to indigenous youth, who must be aware of their rights, educated about the international
human rights system and trained to utilize opportunities provided at the international level
to implement their rights. The Declaration had empowered indigenous peoples, and they
must work together with States to ensure that the principles and purposes of the Declaration
and the Charter of the United Nations were respected, and that all peoples were entitled to
equal protection under international law.
B.
Interactive discussion
21.
Mr. Barume said that there had been a slight trend towards change over the past 10
years, but mainly in terms of standard-setting and the development of institutions. Those
new standards and institutions need to be operationalized and turned into reality in order to
make a difference to individuals’ lives.
22.
Representatives of several Member States, national human rights institutions and
non-governmental organizations took the floor to make comments or ask questions. While
there was general agreement on the importance of the Declaration, support for the rights
enshrined in it, and an acknowledgement of progress made to date several delegations also
highlighted challenges with respect to the implementation of those rights. Some of the
challenges raised included: the need to ensure indigenous peoples’ participation in decisionmaking; the need for greater political will to ensure the fulfilment of the rights of
indigenous peoples; concerns regarding rights to land, territories and resources; systemic
discrimination; harassment of indigenous human rights defenders; gaps pertaining to the
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