A/HRC/48/75 establishing it through mere legislation, given that, historically, such legislation has been repealed once the government administration changes.99 45. Some constitutions recognize the pre-existence of indigenous peoples, such as that of the Bolivarian Republic of Venezuela. In 2014, El Salvador modified article 63 of its Constitution to recognize the existence and rights of indigenous peoples. In Asia, there are at least five countries in which indigenous peoples are recognized, including in the Constitution of the Philippines (1987), which is one of the most progressive. 100 However, such recognition is considered to have had a very limited impact on indigenous peoples’ lives in the region. In Sweden, since the constitutional reform undertaken in 2011, the Sami Council people have been recognized in the Constitution of Sweden, which prescribes an obligation to promote the maintenance and development of Sami Council culture and communities.101 Some States have constitutional recognition of the right to participation in the State. The Constitution of Paraguay establishes that indigenous peoples are guaranteed the right to participate in the economic, social, political and cultural life of the country, in accordance, inter alia, with their customary practices.102 46. Constitutional recognition is not enough without secondary legislation to facilitate its compliance. That is the case in El Salvador, where there is no law yet on the rights of indigenous peoples to their territory, indigenous governance or cultural identity, as fundamental elements of their autonomy, and attempts to draft such a law have lacked adequate consultation. 103 Some States have adopted legislation on political participation, including Paraguay (Law No. 6279). 104 Moreover, many laws have been enacted in the Plurinational State of Bolivia (Autonomy Framework Act No. 031 of 2010), Colombia (various laws that regulate participation) and Nicaragua (Statute of Autonomy of the Atlantic Coast Regions, Act No. 28 of 1987). Legislation in Panama has established five indigenous regions with high levels of autonomy.105 In the Bolivarian Republic of Venezuela, there is an organic law on indigenous peoples and communities, as there is in the Russian Federation. 106 47. States have adopted legislation to operationalize free, prior and informed consent as a mechanism for achieving self-determination in all areas of indigenous life, from education, language revitalization and health care to land issues and development.107 A recent example is the decree of July 2019 of the Congo establishing procedures for the consultation and participation of indigenous peoples in economic development projects, operationalizing article 3 of Law No. 5-2011 on the promotion and protection of the rights of indigenous populations. Free, prior, and informed consent is an integral component of exercising the right to self-determination and may grant opportunities for States, third parties and indigenous peoples to achieve some rebalancing of power and strengthened partnership.108 However, some indigenous peoples are wary of what is often the conflation of free, prior and informed consent, when managed through the State, with the right to self-determination, which has had unintended consequences for some indigenous peoples.109 For that reason, the Expert Mechanism encourages States and the private sector to promote and respect indigenous peoples’ own protocols, as an essential means of preparing the State, third parties and indigenous peoples to enter into consultation and cooperation.110 Free, prior and informed consent is only one element in the advancement of indigenous peoples’ right to full self- 99 100 101 102 103 104 105 106 107 108 109 110 14 Ibid. See A/74/149. Submission from Sweden. Submission from the national human rights institution of Paraguay. Submission from the national human rights institution of El Salvador; see also CERD/C/SLV/CO/1819. Submission from the national human rights institution of Paraguay. Submission from the International Work Group for Indigenous Affairs. See A/HRC/15/37/Add.5. See A/HRC/39/62; and submission from Ecuador. See E/C.19/2005/3; and submission from New Zealand. Presentation made by Megan Davis at the expert seminar convened by the Expert Mechanism in February 2021. See A/39/62.