A/HRC/24/51
provided: participation in national decision-making and consultation on decisions affecting
indigenous peoples’ rights.
30.
In the Plurinational State of Bolivia, indigenous peoples are represented in
legislative bodies. In the Parliament of Burkina Faso there are Peulh and Tourareg elected
representatives and ministers of the Government.
31.
In the Congo, legislation ensures the participation of indigenous peoples in decisionmaking. Peru has also passed a law on the right to prior consultation as recognized in
International Labour Organization (ILO) Convention No. 169, which was promulgated on
23 August 2011.
32.
France indicated that in its department of French Guiana an advisory board of
Amerindians and Bushinengué was established in 2010. The regional councils and the
general council consult this board on any plans or proposals which may affect the
environment or the cultural activities of the Amerindians and Bushinengué.
33.
Chile undertook a consultation on indigenous institutions, which was modified after
receiving complaints from indigenous leaders on the process. The first stage of consultation
is now aimed at a consultation on developing consultation procedures.
34.
In 2005 the Government of Norway and the Saami Parliament concluded an
agreement on procedures for consultations to ensure that new measures and legal provisions
are in accordance with the Sami peoples’ rights. The Procedures for Consultations also seek
to ensure that the Saami peoples can genuinely participate in and have a real influence on
decision-making processes that may directly affect Saami interests. The Government has by
Royal Decree confirmed that the agreed procedures apply to the whole central Government
administration.
35.
The Finnish Act on the Saami Parliament includes an obligation to negotiate with
the Saami Parliament on various issues, including: community planning; the management,
use, leasing and assignment of State lands, conservation areas and wilderness areas;
applications for licenses to stake mine claims; legislative or administrative changes to the
occupations belonging to the Saami culture; the development of the teaching of and in the
Saami language in schools, as well as the social and health services; or any other matters
affecting the Saami language and culture and the status of the Saami as an indigenous
people. The obligation to negotiate applies to all levels of administration.
36.
In Guyana, titling and demarcation of Amerindian lands and territories requires their
free, prior and informed consent.
37.
Australia has an indigenous engagement framework which, it states, captures its
aspirations to engage effectively with indigenous peoples. The National Congress of
Australia’s First Peoples is a vehicle to provide a voice for Aboriginal and Torres Strait
Islander peoples in strategic national matters.
38.
In the United States of America, pursuant to Executive Order 13175 on
“Consultation and Coordination with Indian Tribal Governments”, federal agencies are
required to consult with tribal officials when making decisions that affect tribal
communities.
39.
The Mexican Commission for the Development of Indigenous Peoples has
established a system for consultation with indigenous peoples which allows for their
participation in the definition, design, implementation and evaluation of programmes,
projects and Government actions.
40.
Peru passed a law on the right to consultation under which the purpose of
consultation is agreement between the State and indigenous peoples. Based on this law, a
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