A/HRC/45/38 which exists in two language versions. 89 In Guatemala, agreements signed during the Peace Process in 1995 and 1996 and providing for the restitution of indigenous communal lands have not been implemented.90 B. Constitutions, acts and bodies 42. Some States, such as Argentina, the Plurinational State of Bolivia, Brazil, Cambodia, Canada, Colombia, Ecuador, India, Mexico and Paraguay, specifically recognize the right to land and territories of indigenous peoples in their national Constitutions. These States have also developed numerous legislative acts and guidelines to implement those rights, including the recognition of the duty to not only demarcate but also protect those territories and the right of indigenous peoples to control and manage their lands and resources. For example, Colombia has developed planes de vida for its indigenous peoples and Brazil has developed planos de gestão territorial within its national environmental policy. While Ecuador has numerous laws and policies, such as the Agenda for Equal Rights of Indigenous Nationalities and Peoples, Afro-Ecuadorian People and Montubio People 2019– 2021,91 it has reportedly not recognized and materially guaranteed indigenous peoples’ right to land. 92 In Paraguay, although 283,000 hectares of land were granted to indigenous communities between 2010 and 2014, many communities have no legal title to their land. 93 43. Other States recognize indigenous peoples’ land rights through legislation: for example the Philippines, in its Indigenous Peoples’ Rights Act of 1997, and the Russian Federation, through its law on the territories traditionally used by the indigenous peoples of the North, Siberia and the Far East of the country.94 The latter law, however, applies only to peoples numbering fewer than 50,000 individuals. Moreover, to date, while territories have been protected by regional governments, no single protected territory has been created at the federal level.95 Additionally, it is reported that their legal status is not guaranteed and is not recognized by the federal Government, including by the Ministry for Natural Resources, which issues resource use licences to businesses, such as extractive industries and logging and fishing companies.96 In Malaysia, in response to the findings in Kerajaan Negeri Selangor and others v. Sagong Tasi and others, the State amended the Land Code by designating title to indigenous peoples in perpetuity, albeit only 1,000 hectares per title. Moreover, such designations can be revoked by the State, collective ownership is not recognized and traditional modes of conveying lands from one generation to the next have been eliminated. 97 In Mexico, a process of constitutional and legal reform is reportedly under way to address deficiencies in the agrarian justice system.98 In Bangladesh, a Land Commission was set up to settle disputes as part of the Chittagong Hill Tracts peace agreement in 1997, however it has reportedly been unable to resolve any disputes, due to a lack of human and financial resources and the absence of rules to supplement the Chittagong Hill Tracts Land Dispute Resolution Commission Act. 99 44. In South Africa, while the Government has recognized and returned lands belonging to indigenous peoples under section 25 (7) of the Constitution and under the Restitution of Land Rights Act of 1994, it has reportedly failed to provide adequate support to communities who have returned to their lands.100 In India, 3,863,025 of the 4,400,000 land 89 90 91 92 93 94 95 96 97 98 99 100 Jacinta Ruru, Paul Scott and Duncan Webb, The New Zealand Legal System: Structures and Processes, 6th ed. (Wellington, LexisNexis New Zealand Limited, 2016), p. 223. Jeremy Armon, Rachel Sieder and Richard Wilson, eds., “Negotiating rights: the Guatemalan Peace Process”, Accord, vol. 2 (1997). Submission by Ecuador. Submission by the national human rights institution of Ecuador. A/HRC/WG.6/24/PRY/1. Submission by the Russian Federation. A/HRC/WG.6/30/RUS/2, CCPR/C/RUS/CO/7 and CERD/C/RUS/CO/23-24. Submission by the International Work Group for Indigenous Affairs. Amnesty International, “The Forest is Our Heartbeat”: The Struggle to Defend Indigenous Land in Malaysia (London, 2018). Submission by Mexico and A/HRC/39/17/Add.2. Submission by the Asia Indigenous Peoples Pact. See www.culturalsurvival.org/sites/default/files/media/southafrica.pdf. 13