ABSTRACT

The ILA Committee on the Implementation of the Rights of Indigenous Peoples has the purpose of ascertaining the level of implementation of the main legal standards enshrined in the UNDRIP. The Committee’s work has so far been based on case studies assessing the degree of implementation of international legal rules concerning the rights of indigenous peoples in specific countries or regions of the world. At the time of this writing, the partial results of the work of the Committee evidence a global reality in the context of which the existence and binding character in principle of international legal standards concerning the rights of indigenous peoples are generally accepted and recognised by States, especially at the level of the legislature and the judiciary. On the other hand, however, in many countries the effective degree of practical implementation and effective realisation of the rights of indigenous peoples is still rather unsatisfactory. This is a crucial aspect, as the phase of implementation is decisive in order to ensure effectiveness of human rights – including indigenous peoples’ rights. It is therefore imperative that the level of effective implementation of the international legal standards concerning indigenous peoples’ rights is increased in many areas of the world.