A/HRC/21/47/Add.2 V. Conclusions and recommendations Legal and institutional framework 79. The Argentine State has taken important steps to recognize the rights of the indigenous peoples in Argentina. These include: reforms to the Constitution of 1994 relating to indigenous peoples; the adoption of Act No. 26160 (and its extension through Act No. 26554), initiating a process to regularize indigenous lands in the country; the ratification of the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169); and the vote in the United Nations General Assembly in support of the United Nations Declaration on the Rights of Indigenous Peoples. 80. There remains a significant gap, however, between the established regulatory framework on indigenous issues and its actual implementation. The Government needs to prioritize, and make greater efforts to implement, the human rights of indigenous peoples at both the federal and provincial levels. In particular, the Government should adopt clear public policies and develop guidelines for government officials at both the federal and provincial levels, along with additional legislative and administrative measures to increase awareness of, and State action on, indigenous matters by all parties, including Government ministries, members of parliament, judicial authorities and law enforcement officials. 81. Given the concurrent jurisdiction of the federal and provincial governments, the Federal Government must take the necessary measures to ensure that legislative and other measures adopted by provincial governments are consistent and uniform, so as to fully implement the provisions of the Constitution and of other legislation on indigenous matters, in accordance with international standards. This process should be carried out with the participation of the indigenous peoples. 82. The legal framework, including the Civil Code, the Criminal Code, the Mining Code and other relevant national and provincial legislation, should be updated as necessary to ensure that they are not inconsistent with the Constitution, federal legislation or international standards in matters concerning indigenous peoples. In any case, existing laws should be interpreted and applied in accordance with the recognized rights of indigenous peoples. 83. The Special Rapporteur recognizes the important work carried out by INAI, especially in relation to cadastral surveying, but notes that the low budget allocated to this institution seriously hinders its ability to function effectively. There is also a worrying lack of participation by indigenous peoples themselves in the development and implementation of INAI programmes and policies. 84. The Government should take all necessary steps to remedy these problems and, in particular, INAI should review its current programmes, in consultation with indigenous representatives selected by the indigenous communities themselves, and should modify those programmes as necessary to respond adequately to the demands and aspirations of indigenous peoples. In turn, the Government should ensure that INAI has the financial and institutional capacity to effectively carry out its work to promote and protect the human rights of indigenous peoples.8 85. The Government should develop a consultation mechanism or procedure, in accordance with international standards, to increase the participation of indigenous 8 GE.12-14947 See also CERD/C/ARG/CO/19-20, para. 22. 17