The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions KEY POINTS: CHAPTER 2 • The elimination of formal discrimination may require that a State’s constitution, legislation and/or policies do not discriminate against indigenous peoples. • The elimination of de facto discrimination may require States to implement laws and policies that facilitate substantive equality for indigenous peoples in the enjoyment of their rights and to adopt special measures. • The Expert Mechanism has commended national-level programmes which, in addition to seeking to redress imbalances between nonindigenous and indigenous peoples, specifically seek to ensure equality between indigenous men and women. • The Declaration does not specifically define “culture”. The Expert Mechanism has noted that it is not necessary, and may not even be appropriate, to define culture. A broad view of indigenous cultures should be adopted. • Indigenous peoples often organize their societies as a group, which is why recognition of collective rights is essential for indigenous peoples. 18 | Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights