A/HRC/30/54
80.
Costa Rica highlighted its Pact for an Accessible and Inclusive Country, a
programme aiming to address the double vulnerability of persons with disabilities who also
belonged to other vulnerable groups, including indigenous peoples.
81.
Paraguay identified programmes to address gender-based violence as well as
extensive community centres, some of which were aimed at urban indigenous peoples.
82.
The questionnaire posed the following question to indigenous peoples: “Have any
particular measures been taken to promote and protect the rights of indigenous women,
youth, children, elders, persons with disabilities and any other vulnerable groups (such as
LGBT persons)? If yes, please provide details. If not, please outline any plans to develop
measures relating to these groups.”
83.
Responses were very general, without a specific focus on indigenous peoples
suffering from discrimination on multiple grounds.
I.
Participation of indigenous peoples in the development and
implementation of legislative, policy or administrative
measures that affect them
84.
The questionnaire posed the following question to States and indigenous peoples:
“To what extent do indigenous peoples themselves participate in the development and
implementation of legislative, policy, or administrative measures that affect them? Is their
free, prior and informed consent required by law?”
85.
The Expert Mechanism has examined the role of participation in the implementation
of the Declaration, including the principle of free, prior and informed consent. In its study
on participation in decision-making, the Expert Mechanism noted that specific laws and
policies could lead to the effective implementation of this principle (A/HRC/18/42,
para. 63).
86.
Peru had carried out 19 consultation processes with indigenous peoples, of which 8
had so far resulted in agreements. The issues addressed in those consultations included
environmental monitoring, participation in oversight bodies and employment. Peru had also
organized an international seminar on prior consultation in the hydrocarbon sector to
provide a comparative approach and lessons learned.
87.
Through the Permanent Commission for Dialogue (Mesa Permanente de
Concertación), the National Government of Colombia consulted with indigenous peoples
regarding all administrative and legislative measures that could affect them. There was also
a Constitutional Court judgment (T-129 of 2011) establishing exceptional cases in which
free, prior and informed consent of indigenous peoples must be sought. These included
projects that would involve the displacement of indigenous communities, the storage of
toxic waste on indigenous lands, or a high social, cultural or environmental impact on the
community.
88.
Chile explained that there were national representative bodies of indigenous peoples
that were consulted when laws and policies were developed. In Paraguay, a legislative bill
was currently being studied that would ensure effective participation of indigenous peoples
in development projects that could have negative impacts on their way of life, their lands
and the environment. In Guatemala, there was currently a bill on consultation with
indigenous peoples before Congress.
89.
Costa Rica cited its ratification of ILO Convention No. 169, and the fact that
domestic legislation required free, prior and informed consent in line with this international
instrument.
12