A/HRC//18/42
59.
The Voting Rights Act of 1965 in the United States of America, designed to give
American Indians a greater voice in national, State and local laws, has facilitated the
participation of native Americans in decision-making, especially at the local level.44
60.
The Special Rapporteur on the rights of indigenous peoples considers that, in Peru,
aspects of the draft law on consultation may be described as positive and mentions, in that
regard, the support it has received from national indigenous organizations. In accordance
with the Declaration on the Rights of Indigenous Peoples, it states that consent is an
objective of consultations and, secondly, it provides a practice solution in those instances in
which agreement is not achieved; that is, the final decision rests with the State, but the State
must provide a justification for that decision and still respect the human rights of affected
indigenous communities, and that decision is subject to judicial review.45 However, the
process leading to the adoption of the law appears to have stalled.
C.
Participation in hybrid systems of governance
61.
In New Zealand, some iwi (tribes) have entered into agreements with the
Government to co-manage natural resources, such as lakes, illustrating that indigenous
peoples can participate directly in decision-making in partnership arrangements with State
agencies.46 Similarly, in the United States of America, the federal Government has
delegated responsibility for the management and hunting of bowhead whales in Alaska to
the relevant Alaskan whaling communities through community membership in the Alaska
Eskimo Whaling Commission, which operates to protect indigenous whale hunting and
culture within the rules of the International Whaling Commission.47 In Canada, at the centre
of the Nunuvut Land Claims Agreement of 1993 are land and resources co-management
boards that guarantee the Inuit meaningful involvement and participation in decisions
relating to the preservation and future development of lands in the Nunuvut settlement
area.48
62.
In the Chittagong Hill Tracts area of Bangladesh, indigenous institutions and elected
councils at the district and regional levels share administrative authority with the central
Government through its district and subdistrict officers.
44
45
46
47
48
16
Special Rapporteur on the rights of indigenous peoples “Some examples of good practices” (footnote
14).
Ibid.
See for example the website of the Ministry for the Environment of the Government of New Zealand
at www.mfe.govt.nz/publications/rma/nps-settlements-june09/html/page3.html.
See submission by Iorns to the technical workshop on good practices (see footnote 30).
Ibid.