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

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