A/HRC/60/29 mechanisms for upholding the rights of Indigenous Peoples, especially where constitutional reforms are politically or procedurally challenging. 83. National court decisions and international bodies often prompt legal recognition of Indigenous Peoples through legislation. They play a crucial role in interpreting constitutional guarantees, enforcing human rights standards, and holding Governments to account for injustices affecting Indigenous Peoples. 84. However, Indigenous Peoples are often excluded from legislative processes, resulting in laws that do not reflect their priorities or lived realities. Many laws are hard to enforce owing to vague provisions, insufficient funding or weak institutions. In some countries, overlapping laws lead to confusion and uncertainty, particularly when they violate Indigenous customary laws. Furthermore, legislation can be amended or repealed more easily than constitutional provisions, which may affect the stability of rights. In some cases, laws recognize Indigenous identity or status without providing for significant rights or protections, resulting in primarily symbolic recognition. 85. Federal systems can influence the recognition of Indigenous Peoples in various ways, as different entities within a State may possess different degrees of autonomy. Certain federated states may independently recognize Indigenous Peoples and have more progressive laws than those at the federal level. Such differences could lead to legal inconsistencies and fragmented enforcement between federal and state laws. 86. Some States have addressed the recognition of Indigenous Peoples through legislation that establishes national representative institutions. Nordic countries have established Sami parliaments as part of their efforts to recognize the rights of Indigenous Peoples. Often such legislation serves to implement constitutional provisions. 87. Several countries have passed laws for the recognition of Indigenous Peoples in compliance with courts’ decisions or constitutional requirements. 88. Many Latin American countries have recognized Indigenous Peoples through acts of parliament. Countries in this region have adopted some supportive legal frameworks, further elaborated on by court decisions. The Supreme Court of Panama has stated that the Government must secure for Indigenous communities the necessary lands and collective land rights to these lands for the achievement of their economic and social well-being.70 89. In Europe, several countries have passed laws to recognize Indigenous Peoples. The Greenland Self-Government Act, of 2009, recognizes the people of Greenland as a people under international law with the right to self-determination. The Act enables Greenland to take over responsibility for most of its internal matters and establishes that the people of Greenland can decide to seek independence. 71 As a result of growing Sami political mobilization and State recognition, Norway established the Sami Parliament under the Sami Act, of 1987, recognizing the Sami as an Indigenous People and granting them a degree of cultural autonomy. The Sami Parliament promotes Sami interests, language and culture. It operates independently, setting its own priorities and policies, and serves as both a political and administrative institution for the Sami people.72 The establishment in 1993 of the Sami Parliament of Sweden is regarded as a recognition of the status of the Sami as an Indigenous People. Contrary to Norway, Sweden has not ratified the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169). Nevertheless, the Swedish courts have utilized the Convention and the Declaration as key sources of law.73 In a ruling regarding the Sami village of Girjas, for example, the Supreme Court referred to the ILO Convention and the Declaration to substantiate the rights of the Sami people.74 90. In North America, the United States does not have a single comprehensive act on recognition of all Indigenous Peoples. In 1971, Congress enacted the Alaska Native Claims 70 71 72 73 74 16 See Center for International Environmental Law, “Panama’s Supreme Court recognizes Indigenous Peoples’ land rights and role as guardians of the environment”, 20 January 2021. A/HRC/54/31/Add.1, para. 8. See https://sametinget.no/about-the-sami-parliament/. Submission by the Saami Council. See Cultural Survival, “Historic court ruling upholds Sami rights in Sweden”, 14 February 2020. GE.25-12002