A/HRC/57/62 E. Measures taken to interpret and implement international, regional and national jurisprudence and judicial decisions 54. At the regional level, between 2007 and 2023, the Caribbean Court of Justice has issued one judgment and the Inter-American Court of Human Rights has issued a total of 15 judgments applying the United Nations Declaration on the Rights of Indigenous Peoples. The judgments address issues such as collective rights, the right to land and territory, prior consultation, cultural identity, participation, media and access to justice, among other Indigenous Peoples’ rights recognized in the Declaration. The Declaration is already part of the body of law of inter-American and Caribbean jurisprudence on Indigenous matters. The increasing application of the Declaration demonstrates that it is considered a relevant legal norm for the interpretation and adjudication of the rights of Indigenous Peoples in the region.70 55. In Kichwa Indigenous People of Sarayaku v. Ecuador, concerning damage caused by a company contracted by the State to conduct seismic exploration on Sarayaku lands, the Inter-American Court of Human Rights found numerous violations of the American Convention on Human Rights. In its deliberations, the Court included reference to article 38 of the Declaration. 71 Nevertheless, despite that judgment and the observations and recommendations of United Nations human rights bodies, the necessary steps have not yet been taken to ensure the collective right of Indigenous Peoples to free, prior and informed consent that is enshrined in the Constitution of Ecuador.72 In its 2023 ruling in the case of Maya Q’eqchi’ Indigenous community of Agua Caliente v. Guatemala, the Inter-American Court found that the State had violated the rights of Indigenous Peoples by permitting a nickel mine on their land.73 56. Since 2017, when the African Court on Human and Peoples’ Rights ordered Kenya to take all necessary measures within a reasonable time period to address the violations found in the case of the Ogiek people, the Government of Kenya has formed a working group to review the implementation of the judgment, but it did not include any representatives of the Ogiek in the group or consult the Ogiek on its work. In 2022, the African Court ordered the Government to return ancestral lands to the Ogiek people. It appears that execution of the court decision by the State remains outstanding and uncertain. 74 57. Several national courts, including those of Belize, Botswana, Canada, Chile, Colombia, Guatemala, Kenya, Mexico, New Zealand and the Russian Federation, have cited the Declaration in their decisions on cases involving Indigenous Peoples or have issued rulings aligned with the provisions of the Declaration.75 58. Between 2007 and 2023, 791 judgments from constitutional courts and supreme courts in Latin America applied the Declaration. Up to November 2023, the States with the most judgments were Mexico, with 165 judgments addressing the rights to land, justice, consultation and education, Colombia, with 150 judgments on land, consultation, autonomy and justice, and the Plurinational State of Bolivia, with 145 judgments regarding justice, autonomy, consultation and land. The 791 judgments demonstrate that the constitutional courts and supreme courts in the region are applying the Declaration in the adjudication of rights in favour of Indigenous Peoples. States such as Mexico, Colombia and the Plurinational State of Bolivia lead this jurisprudential trend of applying the Declaration in their constitutional processes, advancing the justiciability of rights such as those to land and territory, prior consultation, autonomy and access to justice. 76 The records of the Mexico City 70 71 72 73 74 75 76 12 Presentation by Victor Toledo at the expert meeting, November 2023. Inter-American Court of Human Rights, Kichwa Indigenous People of Sarayaku v. Ecuador, Judgment, 27 June 2012. A/HRC/42/37/Add.1, para. 37. Inter-American Court of Human Rights, Maya Q’eqchi’ Indigenous community of Agua Caliente v. Guatemala, Judgment, 16 May 2023. Submission from Elizka Relief Foundation. See A/HRC/36/56. Presentation by Victor Toledo at the expert meeting, November 2023. See also submission from Mexico (in Spanish). GE.24-13517