A/HRC/4/WG.3/6
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Assessment and recommendations
76. The experts share the cohesive view of international bodies that descent-based
discrimination constitutes one of the greatest challenges to the efforts aimed at countering racism
and xenophobia. Considering, however, the steps taken by CERD to extend the applicability of
ICERD to descent-based communities, and in particular its general recommendation No. 29, the
experts discern no substantive gaps as regards the protection of members of descent-based
communities from racism, racial discrimination, xenophobia and related intolerance. Similarly to
other forms of discrimination, inadequate implementation and lack of political will remain
among the basic barriers impeding the elimination of this form of discrimination. It would be
equally important if other human rights treaty monitoring bodies paid appropriate attention to
problems faced by descent-based communities during the examinations of States parties’ reports
and individual communications.
E. Indigenous peoples
77. According to United Nation estimates, approximately 300 million indigenous people live
in more than 70 countries worldwide. The situation of indigenous peoples in various parts of the
world is characterized by a high degree of vulnerability to discrimination on the grounds of race
or ethnic origin. The Durban Conference expressed its “concern that in some States political and
legal structures or institutions, some of which were inherited and persist today, do not
correspond to the multi-ethnic, pluricultural and plurilingual characteristics of the population
and, in many cases, constitute an important factor of discrimination in the exclusion of
indigenous peoples.”64 The DDPA further specifies the required measures for guaranteeing the
fundamental rights of indigenous peoples and their protection against racism. It also recognizes
the challenges being faced by indigenous peoples in the contemporary world, particularly as
regards their special relationship with the land as the basis for their spiritual, physical and
cultural existence.65
78. The 2005 World Summit Outcome firmly reiterated the commitment of the international
community to protect the human rights of indigenous peoples, linking them directly with
sustainable development, and in particular with the fight against hunger and poverty.66
79. At present, the most comprehensive international instrument concerning indigenous
peoples is ILO Convention No. 169 of 1989 concerning Indigenous and Tribal Peoples in
Independent Countries and which so far has been ratified by only eighteen countries: thirteen
Latin American, four European, and one Asian.
64
Para 22 of the Declaration.
65
Paras. 42 and 43 of the Declaration. See also paras. 13, 14, 22-24, 39 - 45, 73 and 103 of the
Declaration and paras. 15 - 23, 50, 78, 117 and 202 - 209 of the Programme of Action.
66
General Assembly resolution 60/1, paras. 46, 56 and 127.
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