E/2021/43 E/C.19/2021/10 In that regard, the Permanent Forum welcomes the adoption by the Assembly of resolution 75/168 and the continuation of the dialogue within the context of the Forum at its twenty-first session. 44. In the study entitled “Representative institutions and models of self -governance of indigenous peoples in Eastern Europe, the Russian Federation, Central Asia and Transcaucasia: ways of enhanced participation” (E/C.19/2021/8), the authors emphasized that there were various forms and models of indigenous peoples’ participation in decision-making. They indicated that no one form or model was universal and that it was necessary to carefully study existing best practices in order to adapt flexibly to situations in diverse subnational regions. In general, indigenous peoples had representation in both executive and legislative bodies in subnational regions while having or developing their own decision-making institutions. 45. The authors also emphasized that regular and constructive dialogue between States, indigenous peoples’ organizations and private entities was vital and mu st be free of any discrimination or inequality regarding the status or number of indigenous peoples. The process of establishing a council of ombudsmen on the rights of indigenous peoples and of establishing consultative bodies with State institutions were highlighted as examples of best practices. A pragmatic approach was desirable in terms of using the opportunities that distinct political systems provided for participation in decision-making, in line with the minimum standards set by the United Nations Declaration on the Rights of Indigenous Peoples. It was also important to take into account the situation of indigenous peoples who lived across administrative and State borders. It was necessary to apply the principle of free, prior and informed consent in a comprehensive and systemic way. 46. The Permanent Forum recommends that Member States continue to develop legislation to support genuine indigenous representation and participation in decision making. Legislative measures that create practical, economic, legal and political difficulties for the establishment and functioning of indigenous organizations and institutions worldwide should be addressed in order to allow for cross -border and international cooperation between indigenous peoples of different cou ntries and with and within international organizations on issues and processes affecting them. 47. Indigenous peoples should be free to continue and enhance the participation of their institutions in various processes locally, nationally, regionally and gl obally in forms and ways that are culturally appropriate for them and that ensure equality and non-discriminatory access. In at regard, the Permanent Forum recommends that Member States and indigenous peoples involved in international regional cooperation forums exercise an inclusive and non-discriminatory approach towards indigenous peoples living in the countries and territories covered by such forums. 48. The Permanent Forum underlines that the right of indigenous peoples to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literature, and to designate and retain their own names for communities, places and persons, applies to all indigenous peoples, regardless of population or membership size. 49. The Permanent Forum recommends that States ensure that the participation of indigenous peoples in subnational and local decision -making bodies is based on equality and non-discrimination and on respecting indigenous peoples’ rights to choose their own representatives in accordance with their own procedures. 12/29 21-06102

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