The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions 4.3. NATIONAL PLAN FOR THE IMPLEMENTATION OF THE DECLARATION Considering that the Declaration is a collation of existing human rights standards, “effective implementation” will require a holistic, rather than an ad hoc, approach. In this regard, it is important that implementation occurs across all State agencies and departments. A common challenge for indigenous peoples’ representatives is engaging with different government departments. An integrated approach is necessary to reflect the interrelated nature of human rights. It also reflects the lived reality for indigenous peoples; for example, rights to lands, territories and resources are integrally linked to rights to health, education and culture. NHRIs can provide strategic impetus for a holistic approach to implementation through advocacy and lobbying for the development of a national implementation plan. Furthermore, it is important that NHRIs advocate that the development of a national implementation plan is undertaken in conjunction with indigenous peoples. This reflects article 38 of the Declaration which requires States to work in “consultation and cooperation with indigenous peoples” to “take appropriate measures, including legislative measures, to achieve the ends of the Declaration”. Accordingly, an aim of the strategy could include the introduction of legislation to give domestic legal effect to the provisions of the Declaration.224 In November 2007, the Plurinational State of Bolivia passed legislation to implement the Declaration into domestic laws. The Declaration has also been used by the Plurinational State of Bolivia, Ecuador and Nepal to provide normative guidance in constitutional revision processes.224 As with the implementation of treaties, legislation alone is generally not sufficient for the protection, promotion and realization of indigenous peoples’ human rights. Therefore, an effective national plan should include the following elements: • Active involvement of indigenous peoples in every stage of the design, development, implementation, monitoring and evaluation processes • Some form of legislative protection • A mechanism to review existing laws and policies (see below) • An effective complaints mechanism • Education for lawmakers, policymakers and policy implementers on indigenous peoples’ human rights • A mechanism to review the national plan to facilitate amendments where needed. 4.4. REVIEW OF EXISTING LAWS, POLICIES AND PROGRAMMES To ensure implementation is effective, existing laws, policies and programmes that impact on indigenous peoples’ human rights will need to be reviewed for consistency with the Declaration. As noted in Chapter 13, the Special Rapporteur on the rights of indigenous peoples has made recommendations that States undertake such reviews. For example, following his mission to Australia in 2009, the Special Rapporteur recommended that: 224 A/HRC/9/9, paras. 52-53. 78 | Chapter 8: Promoting domestic compliance with the Declaration