A/HRC/27/67
31.
In the Plurinational State of Bolivia, indigenous peoples are represented in
legislative bodies. In Burkina Faso, there are elected Peul and Touareg representatives in
parliament and ministers in the Government.
32.
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 (1989) concerning
Indigenous and Tribal Peoples in Independent Countries, which was promulgated on 23
August 2011.
33.
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.
34.
Chile undertook a consultation on indigenous institutions, which was modified after
it received complaints from indigenous leaders about the process. The first stage of
consultation is now aimed at developing consultation procedures.
35.
In 2005 the Government of Norway and the Sami Parliament concluded an
agreement on procedures for consultations to ensure that new measures and legal provisions
were in accordance with the rights of the Sami peoples. The procedures for consultation
also seek to ensure that the Sami peoples can genuinely participate in, and have a real
influence on, decision-making processes that may directly affect Sami interests. By royal
decree, the Government has confirmed that the agreed procedures apply to the whole
central government administration. Norway states that the right to self-determination is
primarily exercised through the right to participate in decision-making relating to matters
only applying to the Sami and a right to participate in the public administration affecting
both the Sami and the community at large. The obligation to consult arising from these
rights is implemented through procedures established between the State authorities and the
Sami Parliament in accordance with ILO Convention No. 169.
36.
The Finnish Act on the Sami Parliament includes an obligation to negotiate with the
Sami Parliament on various issues, including community planning; the management use,
leasing and assignment of State lands, conservation areas and wilderness areas; applications
for licences to stake mining claims; legislative or administrative changes to the occupations
belonging to the Sami culture; the development of the teaching of and in the Sami language
in schools and its use in the social and health services; or any other matters affecting the
Sami language and culture and the status of the Sami as an indigenous people. The
obligation to negotiate applies to all levels of the administration.
37.
In Guyana, the titling and demarcation of Amerindian lands and territories requires
their free, prior and informed consent.
38.
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 provides a voice for Aboriginal and Torres Strait Islander peoples
in strategic national matters. Australia has also established the Prime Minister’s Indigenous
Advisory Council, which provides advice on emerging policy issues arising in indigenous
affairs. The Council is made up of indigenous and non-indigenous individuals.
39.
In the United States, 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.
40.
The National Commission for the Development of Indigenous Peoples in Mexico
has established a system for consultation with indigenous peoples which allows for their
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