A/HRC/60/29
Settlement Act, but only concerning Indigenous Peoples in Alaska. In Canada, the rights of
Indigenous Peoples were recognized with the enactment in 2021 of the United Nations
Declaration on the Rights of Indigenous Peoples Act, under which Canada is required to
harmonize its legislation, including the Indian Act, with the rights set out in the Declaration.
In addition, the Act requires the federal Government to prepare and implement an action plan
and to submit annual progress reports to Parliament.
91.
Several countries in Asia and the Pacific have enacted legislation that formally
recognizes Indigenous Peoples. In the Philippines, the Indigenous Peoples’ Rights Act, of
1997, is a landmark law recognizing ancestral domains and self-governance. In 2019, Japan
enacted the Ainu Policy Promotion Act, which formally recognized the Ainu. In 2023, Osaka
High Court identified the Ryukyuan as an Indigenous People in legal proceedings related to
the repatriation of Ryukyuan remains. On 6 June 2025, the Supreme Court of Nepal issued a
directive requiring all levels of government – federal, provincial and local – to create laws,
policies and programmes aligned with the ILO Indigenous and Tribal Peoples Convention,
1989 (No. 169), and the Declaration. 75
92.
In Africa, few countries have passed specific laws recognizing Indigenous Peoples.
Those that have include the Republic of the Congo, which in 2011 adopted Act No. 5-2011,
on the promotion and protection of the rights of Indigenous populations, and the Democratic
Republic of the Congo, which in 2022 adopted Act No. 22/030, on the protection and
promotion of the rights of Pygmy peoples.
C.
Recognition through sectoral laws and policies
93.
Many States have acknowledged the rights and roles of Indigenous Peoples
through sectoral legislation, on forests, biodiversity, land use, water and climate change,
among others. Such laws may recognize the rights of Indigenous Peoples to land, natural
resources, traditional knowledge and participation in decision-making. Legal instruments of
this type often provide practical avenues for the participation, resource rights and
environmental stewardship of Indigenous Peoples, frequently emerging in response to
environmental justice movements, land conflicts or international funding requirements tied
to Indigenous inclusion.
94.
Climate-related laws and policies increasingly incorporate provisions for the
participation of Indigenous Peoples, particularly in the context of carbon offset programmes,
adaptation planning and climate finance. Sectoral laws in areas such as intellectual property
or cultural heritage may recognize Indigenous knowledge systems and provide mechanisms
for their protection and equitable use.
95.
Latin America has integrated the rights of Indigenous Peoples into forest and land
laws, often as part of broader environmental governance reforms. Climate change
frameworks in the Latin American region increasingly reference Indigenous participation.
Africa, Asia and the Pacific show a growing trend, but implementation varies. North America
features a mix of federal and subnational sectoral laws that recognize the roles of Indigenous
Peoples in environmental management, often through negotiated agreements or cogovernance structures.
96.
While such sectoral laws can be used as leverage for the recognition of certain aspects
of the rights of Indigenous Peoples, they fail to recognize Indigenous Peoples as rights
holders in a comprehensive and coherent way. Moreover, there are many examples of sectoral
laws that conflict with the customary laws and practices of Indigenous Peoples.
75
GE.25-12002
See Cultural Survival, “Historic victory: Nepal’s Supreme Court mandates nationwide
implementation of treaties for Indigenous Peoples’ rights”, 16 June 2025.
17