A/HRC/60/29
(b)
Recognize Indigenous Peoples as key partners in promoting national
reconciliation and unity;
(c)
Guarantee effective governing and representative institutions for
Indigenous Peoples.
107. On the use of accurate terminology, States should consistently use the term
“Indigenous Peoples”, or alternative national or local terms preferred by these Peoples
with the understanding that they are internationally known as Indigenous Peoples.
States should avoid substituting these terms with terms such as “local communities” or
“ethnic minorities”.
108. On ensuring recognition based on self-identification and historical injustices,
States should recognize Indigenous Peoples within their jurisdiction on the basis of:
(a)
The principle of self-identification;
(b)
Objective distinguishing characteristics, including historical injustices
and cultural distinctiveness, among other characteristics enshrined in international
human rights norms;
(c)
Consultations and cooperation with Indigenous Peoples, in accordance
with the Declaration.
109. On the incorporation of the Declaration into domestic legal frameworks, States
should, in the lead-up to the twentieth anniversary of the adoption of the Declaration,
reaffirm their commitment by:
(a)
Incorporating the Declaration into national legislation;
(b)
Adopting legislative, administrative and policy measures to implement its
provisions;
(c)
Ensuring that such measures are developed in partnership with
Indigenous Peoples.
110.
On the promotion of constitutional and legislative recognition, States should:
(a)
Recognize Indigenous Peoples in their constitutions to affirm equality and
prevent discrimination;
(b)
Enact specific legislation to operationalize Indigenous Peoples’ rights;
(c)
Ensure that such laws are enforceable and aligned with Indigenous
Peoples’ customary laws and institutions;
(d)
Repeal legislation that is discriminatory against Indigenous Peoples and
conduct a review with a view to harmonizing existing legislation with Indigenous
Peoples customary laws.
111. On the implementation of judicial decisions, States must comply with the
decisions of national, regional and international courts and treaty bodies that affirm
the rights of Indigenous Peoples, particularly those mandating recognition and
restitution.
112. On ensuring free, prior and informed consent, recognition must include the right
of Indigenous Peoples to participate in decisions affecting them, including the right to
give or withhold free, prior and informed consent in accordance with international
standards.
113. States should refrain from conflating Indigenous Peoples with local communities.
When both terms are used in documents, a footnote should be included to clarify 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.
GE.25-12002
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