A/73/176
ignore indigenous normative systems and serious concerns relating to the criminal
prosecution of members of the community police force (see A/HRC/39/17/Add.2).
75. In Malaysia, the Federal Constitution incorporates special provisions for the
natives of Sabah and Sarawak, including recognition of native customary law (see
A/72/186). The jurisdiction of the native courts includes breach of customary law and
customs, if all parties are natives, including in cases relating to marriage, divorce,
adoption, guardianship or custody of infants and others. 22 While the recognition of
the native courts is an important step towards respecting indigenous peoples ’ right to
self-government, the courts face challenges in terms of ensuring adequate funding to
operate, continued skill training for staff and documentation of cases and legal
practice.
76. In Brazil, several indigenous peoples have established their own consultation
protocols, such as the consultation and free, prior and informed consent procedures
developed by the Wajãpi in Amapá and by the Munduruku in Pará. Others have
progressed in terms of self-protection of territories, for example, through the use of
indigenous forest guards set up by the Ka’apor in Maranhão. These are expressions
of how indigenous peoples have sought to assert control over their territories, in
particular to prevent illegal encroachments. However, while the country ’s
Constitution of 1988 does contain several progressive provisions for indigenous
peoples, including that they should have their “social organization, customs,
languages, creeds and traditions recognized, as well as their original rights to the
lands they traditionally occupy”, more needs to be done by the State to support and
cooperate with such indigenous-led initiatives (see A/HRC/33/42/Add.1).
77. In Peru, under article 89 of the Constitution of 1993, the legal personality of
peasant and native communities is recognized and their autonomy guaranteed with
regard to their organization, community work, the use and free disposal of their land
and economic and administrative matters (see A/HRC/27/52/Add.3). Some
indigenous peoples have initiated processes of establishing autonomous indigenous
governments related to their territories. These include the Wampis people who, in
2015, after years of internal consultation processes, adopted the Statute of the
Autonomous Territorial Government of the Wampis Nation with the aim of protecting
and promoting their cultural traditions and the Peruvian Amaz on. In the Statute, they
recognize the territorial boundaries of Peru and confirm that the men and women of
the Wampis Nation are also Peruvian citizens with the same rights and duties. The
people of the Wampis Nation involve State administration authoriti es and seek
collaboration on various issues. For instance, the Wampis Nation has coordinated
intensively with various government institutions, including the Ministry of Energy
and Mines, to address illegal mining, which has enabled a more effective respons e
and ongoing monitoring of illegal mining activities (see E/C.19/2018/7).
78. In Namibia, the Traditional Authorities Act allows a traditional community to
apply for State recognition of its traditional leadership. Most of the major San groups
in Namibia have had their traditional authorities recognized, together with the right
of traditional authorities to administer and execute customary laws, to protect and
promote “the culture, language, tradition, and traditional values” of their communities
and to preserve cultural sites, works of art and traditional ceremonies. Recognized
traditional authorities receive funding from the Government to carry out their
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18-11856
Limbu, Shankar, “A glimpse of the implementation of the United Nations Declaration on the
Rights of Indigenous Peoples focusing on free, prior and informed consent in Asia”, paper
presented at the international expert group meeting on the theme, ‘Implementation of the United
Nations Declaration on the Rights of Indigenous Peoples: the role of the Permanent Forum on
Indigenous Issues and other indigenous specific mechanisms (article 42)’, New York,
25–27 January 2017.
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