A/HRC//18/42 Convention No. 169.32 The Council set up a bureau for the coordination of representatives at the regional level and a coordinating council, which oversees the National Register of Indigenous Communities and identifies problems and establishes priorities for solving them, as well as setting up the programme of activities of the National Institute for Indigenous Affairs for the long and medium term.33 50. In Kenya, national consultations on the Constitution included specific meetings of indigenous peoples leading to the recognition of land rights for hunter-gatherers in the Constitution adopted in 2010.34 51. In South Africa, the main focus of the National Khoi-San Consultative Council has been to “engage the Government on the issue of recognition of indigenous peoples’ traditional structures and authority”.35 52. At the local Government level in New Zealand, there is the positive example of the Bay of Plenty Regional Council, which allows the Maori to register on a separate Maori roll with the number of councillors determined by the number of people who register on the roll.36 53. The Republic of the Congo adopted the Law on the Promotion and Protection on the Rights of Indigenous Peoples in 2010. The Special Rapporteur notes that, by all accounts, the law was developed in a participatory manner, through consultations with indigenous peoples themselves, Congolese and international non-governmental organizations, United Nations agencies and relevant Congolese public institutions.37 Under the law, consultation with indigenous peoples is generally mandated when there is “the consideration, formulation or implementation of any legislative, administrative or programmatic measure that may affect indigenous peoples” and is required in relation to measures that affect indigenous lands or resources or the establishment of protected areas that affect their way 32 33 34 35 36 37 14 Ibid. Ibid. Samburu Women for Education and Environment Development Organization, as reported in “Kenya’s New Constitution Benefits Indigenous Peoples”, Cultural Survival, 8 December 2010, available from www.culturalsurvival.org/news/kenya/kenyas-new-constitution-benefits-indigenouspeoples. ILO and the African Commission on Human and Peoples’ Rights, “South Africa: Constitutional, Legislative and Administrative Provisions concerning Indigenous Peoples”, 2009, available from www.chr.up.ac.za/chr_old/indigenous/country_reports/Country_reports_SouthAfrica.pdf. See also A/HRC/18/35/Add.4. Special Rapporteur on the rights of indigenous peoples “Some examples of good practices” (see footnote 14).

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