A/74/149 indigenous members of the federal and state legislative assemblies in declared scheduled areas, in addition to certain protections regarding land rights. 54 58. The 1987 Constitution of the Philippines is one of the most progressive constitutions in Asia with regard to the recognition of indigenous peoples ’ rights. Article XII, section 5, provides that the State is to protect the right s of indigenous cultural communities to their ancestral lands to ensure their economic, social and cultural well-being, subject to national development policies and programmes. Article XIV, section 17, sets out that the State is to recognize, respect and p rotect the rights of indigenous cultural communities to preserve and develop their cultures, traditions and institutions, while article X, sections 1 and 15 to 19, provide for the establishment of autonomous regions in the Cordilleras and in Muslim Mindana o. The draft law to create the autonomous Cordillera region has been rejected twice in referendums (in 1990 and 1998), as indigenous peoples considered that their aspirations could be better realized through the adequate implementation of the Indigenous Peoples’ Rights Act of 1997 (Republic Act No. 8371), which codifies a wide range of indigenous rights, including the rights to ancestral domains, self-government and self-determination, cultural integrity and free, prior and informed consent. 55 59. Generally speaking, federal or autonomy arrangements imposed on indigenous peoples’ lands and territories that are not the result of joint agreements to ensure indigenous peoples’ self-determination do not necessarily enhance indigenous autonomy or self-government. 56 Constitutional provisions, as well as legislation developed in some Asian countries with regard to the rights of indigenous peoples, in particular land laws, should be revisited in the light of international human rights laws on the rights of indigenous peoples, in particular the United Nations Declaration on the Rights of Indigenous Peoples. 57 60. At the regional level, the recognition of indigenous peoples and their rights is moving forward in Africa, as shown by the work of the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. The Endorois and the Ogiek cases provide essential guidance on the implementation of the rights of indigenous peoples. 58 61. The Special Rapporteur notes that commitments in this area have been made by African countries under the universal periodic review mechanism of the Human __________________ 54 55 56 57 58 19-11889 E/C.19/2013/18; Raja Devasish Roy and John B. Henriksen, “Relevant constitutional provisions in other countries and safeguards on indigenous peoples’ rights in other laws”, addendum to the study on the theme “The constitutional reform in Nepal: indigenous peoples’ rights” (Geneva, ILO, 2010); Raja Devasish Roy, “Traditional customary laws and indigenous peoples in Asia ”, Minority Rights Group International, March 2005. E/CN.4/2003/90/Add.3. A/HRC/12/34/Add.3, paras. 59–62. A/HRC/24/41/Add.3. African Commission on Human and Peoples’ Rights and IWGIA, Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities (Copenhagen, 2005); African Commission on Human and Peoples’ Rights, 276/03 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, decision of 2 February 2010; African Court on Human and Peoples ’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya, Application No. 006/2012, judgment of 26 May 2017. 17/23