A/HRC/51/28/Add.1 (b) Respect each people’s membership criteria based on its self-identification processes and guarantee explicit and formal recognition of indigenous peoples in domestic law by means of constitutional, statutory or judicial measures, in accordance with the principle of self-identification and self-determination; (c) Provide the indigenous peoples with appropriate redress for human rights violations relating to the lack of indemnification in respect of their lands, for ignorance of their self-governance structures and for imposition of the comprehensive development associations; (d) Foster constructive dialogue with the indigenous peoples, in order to carry out a comprehensive and participatory legislative reform that meets international human rights standards, with a view to guaranteeing self-determination and recognition of each people’s own institutions, in accordance with their specific characteristics; (e) Provide indigenous peoples’ own institutions with the financial and technical resources necessary to ensure that they function properly, in coordination and consultation with the peoples themselves; (f) Draw up a national action plan on business and human rights that complies with the United Nations Guiding Principles on Business and Human Rights, in consultation with stakeholders, including the indigenous peoples, and in accordance with the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the United Nations Declaration on the Rights of Indigenous Peoples. Self-determination, self-government and political participation 94. The Special Rapporteur recommends that the State: (a) Guarantee the legal personality of each indigenous territory’s own governance institutions in accordance with the principle of self-identification, even though the indigenous peoples existed before the State and the granting of legal personality is merely a declaratory rather than a constitutive act and is not a condition for the exercise of their rights; (b) Refrain from making the granting of legal personality to a given indigenous people subject to formalistic or excessive requirements; (c) Create, in consultation with the indigenous peoples, an agile, simple and effective mechanism for granting legal personality to indigenous authorities, in accordance with international standards; (d) Evaluate, in consultation and coordination with the indigenous peoples, any changes to domestic political and administrative divisions that might be necessary, in order for those peoples’ autonomous territories to actually function; (e) Amend, in consultation with the indigenous peoples, Executive Decree No. 8487, in order to ensure that the use of comprehensive development associations in indigenous territories is optional and not compulsory, as it has been to date, in anticipation of a comprehensive legislative reform that includes the restructuring of the associations in the indigenous territories, in cases where the association has been accepted by the indigenous authorities; (f) Foster and enhance indigenous peoples’ direct participation in all areas of decision-making and take positive measures, in accordance with the international human rights framework, to encourage indigenous persons’ participation in all State institutions and political parties; (g) Reform, in consultation with the indigenous peoples, the National Commission on Indigenous Affairs. 95. The Special Rapporteur recommends that the indigenous peoples: (a) Foster internal dialogue between different parties or persons representing different positions within the indigenous authorities, in order to reach a joint position GE.22-11025 15

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