A/HRC/57/62 14. Article 69 of the Constitution of the Russian Federation (1993) is consistent with the provisions of the Declaration (including articles 1, 2, 6 and 7) concerning the implementation of human rights and fundamental freedoms, equality with others and citizenship rights. The 2020 constitutional reform strengthened that article by adding a provision on the protection of the cultural identity of all peoples and guaranteeing preservation of their ethnic, cultural and linguistic diversity.16 The provisions in articles 5, 8, 11, 12, 15 and 31, among others, of the Declaration relating to the rights of Indigenous Peoples to maintain and develop various aspects of their culture are reflected in article 72 of the Constitution, which guarantees the protection of the natural environment and the traditional way of life of small-numbered ethnic communities. That provision is specifically referenced in the federal law guaranteeing the rights of small-numbered Indigenous Peoples in the Russian Federation, which supports the distinctive social, economic and cultural development of Indigenous Peoples and establishes a legal framework for the protection of their natural environment, traditional way of life and livelihoods.17 15. Article 2 of the Constitution of Mexico City, one of the most advanced local constitutions recognizing Indigenous Peoples’ rights, identifies the federal entity as an intercultural territory, with a plurilingual, pluri-ethnic and pluricultural composition based on its native peoples and neighbourhoods and its resident Indigenous communities. 18 Article 57 recognizes, guarantees and protects the collective and individual rights of Indigenous Peoples and their members. It indicates that compliance with the Declaration and other international legal instruments to which Mexico is a party is mandatory in Mexico City. 19 The Federal Constitution of Mexico states, in its article 2, that the nation has a pluricultural composition. However, recognition of the rights of Indigenous Peoples at the local level is uneven.20 16. In Canada, national implementing legislation explicitly affirms that the Declaration is “a universal international human rights instrument with application in Canadian law”. 21 Read in relation to common law precedents, this provides clarity to Canadian courts that the Declaration should be used in the interpretation of domestic law. This interpretive function, which extends to the interpretation of the Constitution, provides this legislation with what has been described as quasi-constitutional effects. 22 By explicitly rejecting “all forms of colonialism” including those “doctrines, policies and practices” that advocate any form of racial or cultural superiority, this legislation can have a meaningful impact on the development of constitutional jurisprudence. It provides the judiciary with an invaluable tool to maintain the relationship between justice and jurisprudence. 23 17. In Australia, a referendum held in 2023 proposed that Aboriginal and Torres Strait Islander peoples be recognized in the Constitution and a body be established to advise Parliament on Indigenous issues. The proposal was rejected. 24 Progress on federal implementation of the other reform requested in the Uluru Statement from the Heart – a Makarrata commission to supervise a process of agreement‑making between governments and First Nations and truth‑telling regarding First Nations’ history – is reportedly currently in limbo. Indigenous organizations have recommended enshrining the provisions of the Declaration within Australian law, either in a federal human rights act or in stand-alone 16 17 18 19 20 21 22 23 24 GE.24-13517 Submission from Regional Association of Indigenous Small-Numbered Peoples of the North of Krasnoyarsk Territory, Union of Indigenous Peoples “SOYUZ” and Siberian Federal University. Presentation by Vasilii Nemechkin, Mordovia State University, at the expert meeting, November 2023. See also submission from Russian Federation (in Russian); and United Nations, Department of Economic and Social Affairs, State of the world’s Indigenous Peoples, 4th Volume: Implementing the United Nations Declaration on the Rights of Indigenous Peoples (2019). Submission from Comisión de Derechos Humanos de la Ciudad de México (in Spanish). See https://www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/EMRIP/Session12/Notadecoope racióntécnica_MRIP_CiudaddeMexico.pdf (in Spanish). Submission from the Colectivo Jamut Booó (in Spanish). Canada, United Nations Declaration on the Rights of Indigenous Peoples Act [S.C. 2021, chap. 14], available at https://laws-lois.justice.gc.ca/eng/acts/U-2.2/page-1.html. Presentation by Joshua Nichols, McGill University, at the expert meeting, November 2023. Canada, United Nations Declaration on the Rights of Indigenous Peoples Act [S.C. 2021, chap. 14]. Submission from Maat for Peace, Development and Human Rights Association. 5