A/HRC/60/29
agricultural production activities. This provision simply means that “peasants and other
people working in rural areas”, as referred to in the title of the Declaration, may be found
among “Indigenous Peoples” and “local communities”.57
70.
In the meantime, the Special Rapporteur strongly recommends an immediate end to
the conflation of Indigenous Peoples with local communities. The two regimes should be
kept separate and dealt with separately, as shown by good practice emerging from the
United Nations Convention to Combat Desertification in Those Countries Experiencing
Serious Drought and/or Desertification, Particularly in Africa, for which separate
engagement platforms have been established for Indigenous Peoples and for local
communities.58 Further, when both concepts are used, not in a conflated way but side by side,
the Special Rapporteur recommends that a clarifying note (footnote or disclaimer) always be
inserted stating that the use of the term “Indigenous Peoples” next to the term “local
communities” does not imply that the two groups enjoy the same rights under international
law.
III. Practices of States and other actors with regard to
recognition of Indigenous Peoples
71.
Recognition of Indigenous Peoples is done through constitutions, legislation, treaties,
policies and other measures. While there is progress, practices of recognition remain uneven
across regions and countries, shaped by colonial histories, political will, subjective
perceptions and advocacy by Indigenous Peoples. This section, on practices for recognition,
is based on submissions from Governments, Indigenous Peoples and others.
A.
Constitutional recognition
72.
Over the past few decades, there has been a growing trend toward recognizing
Indigenous Peoples within constitutional frameworks. This shift has been influenced by
international legal instruments such as the Declaration and the ILO Indigenous and Tribal
Peoples Convention, 1989 (No. 169), which have catalysed domestic reforms and put the
issues and rights of Indigenous Peoples on national agendas.
73.
The scope of constitutional recognition varies. Certain constitutions simply refer to
Indigenous Peoples, while others go further by expanding on their specific substantive rights.
74.
Latin America, as a region, appears to lead in terms of constitutional recognition. The
constitutions of the Plurinational State of Bolivia and Ecuador recognize Indigenous Peoples
as foundational to the State and plurinational governance.59 The constitution of Colombia
recognizes Indigenous Peoples and their collective and individual rights. 60 The constitution
of Mexico recognizes Indigenous Peoples and provides for their right to self-determination
and autonomy.61 Brazil recognizes the social organization, customs, languages, beliefs and
traditions of Indigenous Peoples, and their rights to the lands that they have traditionally
occupied. 62 In North America, the Constitution Act, 1982, of Canada provides for a
recognition of Indigenous Peoples and expands on their key rights. 63 The 1787 Constitution
57
58
59
60
61
62
63
14
The Working Group on the rights of peasants and other people working in rural areas has indicated
that specific individuals or groups of individuals working in rural areas may be regarded as peasants,
provided that they meet the objective and subjective requirements set out in article 1 (1) of the
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, and
that those individuals and groups include Indigenous Peoples and local communities (A/HRC/57/51,
para. 38).
See ICCD/COP(16)/24/Add.1, decision 5/COP.16.
Submission by a human rights defender from Ecuador.
Submission by Colombia.
Submission by Mexico.
Submission by Brazil.
Canada, Constitution Act, 1982, sect. 35.
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