A/HRC/24/51 other measures. However, there are examples where the goals and principles of the Declaration inform processes leading to new laws and policies. 59. Several States have formalized processes and enacted legislation requiring indigenous peoples’ participation in decision-making. These laws generally require prior consultation when States make decisions that directly affect indigenous peoples’ rights. Some States make specific reference to the requirement of free, prior and informed consent in relevant laws and policies. Many States indicated that measures requiring consultation were developed in consultation with indigenous peoples. There were a few examples of consultation occurring through indigenous peoples’ own institutions and decision-making processes. 60. The Congo’s law on the promotion and protection of the rights of indigenous peoples was elaborated through a process which allowed for public participation including governmental actors, civil society and international experts. Indigenous peoples were consulted in their localities in all departments where there is a significant concentration of indigenous peoples. Indigenous peoples also played an active role in the discussions leading to the final draft of the legislation. 61. Consultation with indigenous peoples in the Plurinational State of Bolivia is part of the principles of openness and transparency promoted by the Government. In Bolivia, there are several laws in place that require consultation with indigenous peoples and their participation in decision-making. 62. The Chilean Indigenous Act recognizes and safeguards indigenous peoples and their lands in Chile, as well as recognizes indigenous institutions and cultures. The Indigenous Act provides special measures for the practical application of the obligations of consultation and participation. This Chilean law recognizes that indigenous peoples should be consulted through their traditional organizations as well as those communities, organizations and associations recognized under the Indigenous Act. In one instance, when indigenous peoples expressed concern with the process used for consultation, the government adjusted the process for discussing new indigenous institutions and constitutional recognition. 63. In Guyana, the Amerindian Law 2006 requires free, prior and informed consent of Amerindian Villagers on issues that require their involvement or support in the areas of land or mining, titling and demarcating lands, entry and access to Amerindian villages, and use of natural resources. 64. In New Zealand, one example of Maori participation in decision-making occurs through negotiated agreements for the co-management of resources, such as Crown-owned conservation lands and National Parks. Additionally, recent jurisprudence concluded that the common law is to be developed consistently with emerging human rights norms and the Treaty of Waitangi. 65. Peru has enacted a law that recognizes the right of indigenous peoples to prior consultation on legislative or administrative measures that directly affect their collective rights in the areas of physical existence, cultural identity, territory, education, health, quality of life and development of their peoples. This law also extends to national and regional plans, programmes and development projects that directly affect indigenous peoples’ rights. The regulations of this Act are being drafted with the participation of various government agencies and representatives of indigenous peoples. 66. Several States indicated that, based on principles of formal equality of all citizens, there is no law that provides special recognition or processes for indigenous peoples to participate in decision-making. In Burkina Faso, the decentralization law takes into account the considerations set out in the Declaration. However, Burkina Faso does not wish to 13

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