A/72/186 between indigenous peoples and the State in certain countries. As stated in the Declaration, treaties, agreements and other arrangements between States and indigenous peoples are the basis for a strengthened partnership between indigenous peoples and States and should be honoured and respected. 25 27. If the Constitution, as the foundational law, recognizes the existence and rights of indigenous peoples, then this reflects a commitment of the whole society within the country. A number of countries recognize the existence and certain rights of indigenous peoples within their Constitution. 26 While most of these recognitions predate the adoption of the Declaration, examples after 2007 include the Constitutions of Ecuador (2008), Bolivia (2009), Kenya (2010), 27 Sweden (2011) 28 and El Salvador (2014). Some countries have amended their Constitutions to at least recognize the multi-ethnic, pluricultural nature of their societies (Costa Rica, 2015). 28. Discussions on recognition of indigenous peoples and their rights in the Constitution are ongoing and at the federal level in Australia, Chile and Guatemala. 29 In February 2017, the Special Rapporteur together with other special procedures mandate holders wrote to the Government of Guatemala urging it, in the context of the ongoing parliamentary debate, to support amendments to the Constitution which would recognize the indigenous justice system. 30 29. Within the Commonwealth of Australia, each of the six States already have Constitutions that recognize Aboriginal peoples and the Queensland Constitution specifically recognizes Torres Strait Islander peoples as well. 31 The Constitution of Mexico City, adopted in February 2017, refers to the rights of indigenous peoples within an urban setting, explicitly mentions the Declaration and adopts it as its legal framework. 32 30. Some countries have enacted general laws on the rights of indigenous peoples. Most of the instances also predate the Declaration, and should be reviewed __________________ 25 26 27 28 29 30 31 32 8/23 United Nations Declaration on the Rights of Indigenous Peoples, preamble and article 37. New agreements and constructive arrangements include, for instance, the 1995 Acuerdo sobre identidad y derechos de los pueblos indígenas as part of the peace agreements between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca; the 1996 Acuerdos de San Andrés sobre derechos y cultura indígena between the Government of Mexico and the Ejército Zapatista de Liberación Nacional; or the 1997 Chittagong Hills Tr act Accord between the Government of Bangladesh and the Parbatya Chattagram Jana Samhati Samiti, whose implementation has been followed by the mandate holder. That is the case with many Latin American Constitutions (Argentina, Bolivia, Brazil, Colombia , Ecuador, Guatemala, Mexico, Nicaragua, Panama, Paraguay, Peru and Venezuela (Bolivarian Republic of)). Further examples include Canada, Finland, Norway, the Russian Federation and Sweden. The Constitution of the Philippines recognizes indigenous cultural communities. The Federal Constitution of Malaysia incorporates special provisions for the natives of Sabah and Sarawak, including recognition of native customary law. The Constitution of India recognizes scheduled tribes and tribal councils. The Indonesia n Constitution recognizes traditional communities (article 18 B (2)). The 2010 Constitution of Kenya, while not using the term indigenous peoples, defines “marginalized communities” in positive language, and includes articles on their language and culture, representation, dual citizenship for peoples in cross -border situation, such as the Maasai, affirmative action measures, governance, communal land recognition and avenues for redress of historical injustices. See A/HRC/33/42/Add.3 (mission report of the Special Rapporteur on the Sápmi region, 2016). See A/HRC/12/34/Add.6 (mission report of the Special Rapporteur on Chile, 2009). Special procedures joint communication (OL GTM 1/2017), available from https://spcommreports.ohchr.org. See A/HRC/36/46/Add.2 (mission report of the Special Rapporteur on Australia, 2017). See www.cdmx.gob.mx/storage/app/uploads/public/589/746/ef5/589746ef5f8cc447475176.pdf . 17-12399