A/HRC/27/67
59.
El Salvador recognizes the damage caused by the disintegration of indigenous
communities stemming from changes in land use and has begun to address those issues
through the Vice-Ministry of Housing and Urban Development.
7.
Treaties, agreements and other constructive arrangements with States
60.
New Zealand indicated that the Treaty of Waitangi is the foundational document for
the relationship between the Government and the Maori. New Zealand is committed to
settling outstanding treaty grievances by 2014. New Zealand indicated that increased
resources and funding are being provided to continue the settlement process.
C.
Consideration of the Declaration when devising new laws and policies
61.
There were no responses containing information on States having passed explicit
laws requiring consideration of the Declaration when new laws, policies or other measures
are being devised. However, there are examples where the goals and principles of the
Declaration have informed processes leading to new laws and policies.
62.
Several States have formalized processes and enacted legislation requiring the
participation of indigenous peoples in decision-making. Those laws generally require prior
consultation when States make decisions that directly affect the rights of indigenous
peoples. Some States made specific reference to the requirement of free, prior and informed
consent in relevant laws and policies and many States indicated that measures requiring
consultation were developed in consultation with indigenous peoples. There were a few
examples of consultation occurring through the institutions and decision-making processes
of indigenous peoples.
63.
The law on the promotion and protection of the rights of indigenous peoples of the
Congo 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.
64.
Consultation with indigenous peoples in the Plurinational State of Bolivia forms part
of the principles of openness and transparency promoted by the Government. There are
several laws in place that require consultation with indigenous peoples and their
participation in decision-making.
65.
The Indigenous Act of Chile recognizes and safeguards indigenous peoples and their
lands, as well as recognizing indigenous institutions and cultures. The Act provides special
measures for the practical application of the obligations of consultation and participation. It
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
about the process used for consultation, the Government adjusted the process for discussing
new indigenous institutions and constitutional recognition.
66.
In Guyana, the Amerindian Law 2006 requires the free, prior and informed consent
of Amerindian villagers on issues that require their involvement or support in relation to
land or mining, titling and demarcating lands, entry and access to Amerindian villages and
use of natural resources.
67.
In New Zealand, one example of Maori participation in decision-making occurs
through negotiated agreements for the co-management of resources, such as conservation
lands owned by the crown and national parks. Additionally, recent jurisprudence concluded
10