A/HRC/6/15
page 20
64. The rights and principles enshrined in the Declaration mesh with the general principles of
the rights-based approach. Under the Declaration, the rights-based approach entails respect for
the principles of self-determination of indigenous peoples in the context of development:
namely, their free, prior and informed consent; participation and empowerment; autonomy and
self-management; the strengthened control of their lands; and non-discrimination.
V. RECOMMENDATIONS
65. In the light of the above considerations, the Special Rapporteur submits the following
recommendations to Governments and, in particular, agencies responsible for social policy
and development; United Nations agencies and international organizations; international
financial institutions and aid agencies; domestic and international non-governmental
organizations; and indigenous organizations and the indigenous peoples themselves.
A. General recommendations
66. The development and implementation of public policies must be guided by the rights
enshrined in the United Nations Declaration on the Rights of Indigenous Peoples, ILO
Convention No. 169 and other international instruments and by the jurisprudence of the
human rights bodies.
67. The objectives of social and development policies and programmes designed for
indigenous peoples must be to promote respect for and guarantee compliance with the
human rights, individual and collective, of these peoples. Accordingly, these programmes
and policies must be formulated and evaluated in terms of their contribution to meeting
that goal. This necessitates the development, in cooperation with indigenous peoples, of
operational criteria which draw together the activities of the various stakeholders involved,
and of indicators to measure the impact of those activities.
68. On no account should development activities be allowed to run counter to the general
principles of the human rights of indigenous peoples. Accordingly, there must be a
requirement for the conduct of social, cultural and environmental impact studies for
projects to be carried out in the lands and areas occupied by indigenous peoples.
69. Social and development policies and programmes relating to indigenous peoples must
be based on the free, prior and informed consent of the communities concerned. These
communities must be effectively involved in identifying priorities and in designing,
implementing and evaluating the development activities intended to help strengthen their
capacities and those of their organizations. Priority must be given to development
initiatives identified and defined by the indigenous peoples themselves.
70. The design of social and development policies and programmes intended for
indigenous peoples must take due account of the individual and collective rights situation of
these communities involved, with a view to uncovering the underlying causes of
discrimination, exclusion and marginalization. In this process, efforts must be made to
identify the holders of these rights, with special attention to the vulnerable and
marginalized groups within the indigenous communities, and also the relevant duty
bearers.
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