A/HRC/57/62 legislation. In addition, in 2023, the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs recommended developing a national action plan, in consultation with Aboriginal and Torres Strait Islander peoples, to outline the approach to implementing the Declaration in Australia.25 18. In India, while no specific measures have been taken on constitutional reform to implement the Declaration, existing constitutional provisions, including administrative provisions similar to those in the Declaration, safeguard the rights of Indigenous Peoples. However, there are significant regional disparities in the implementation of those provisions. The rights of Indigenous Peoples who reside in states or autonomous district councils recognized under the Sixth Schedule of the Indian Constitution are better upheld than those residing in states without such constitutional mechanisms. In states administered under the Fifth Schedule of the Indian Constitution, governors – the constitutional heads at the state level – have reportedly failed to exercise their constitutional power in ensuring the protection and promotion of the rights and welfare of Indigenous Peoples. 26 B. Other legislative measures taken by States to achieve the ends of the Declaration 19. As indicated above, implementing the Declaration normally requires, or can be facilitated by, the adoption of new laws or the amendment of existing legislation and regulatory frameworks, as envisaged in article 38 of the Declaration, which calls for appropriate “legislative measures”. Nevertheless, there are laws that have been adopted or amended that are not in accordance with the provisions of the Declaration. 20. In Ecuador, while the Constitution of 2008 provides that Ecuador is a plurinational and intercultural State, the requirement that legislation and public policies should be aligned with the Constitution and international law has not been respected. The existing legal framework is not consistent with the 21 collective rights of Indigenous Peoples recognized in article 57 of the Constitution, and Indigenous Peoples’ organizations have challenged the constitutionality of several laws.27 There is a need to develop, in cooperation with Indigenous Peoples, a plan of action, including a monitoring mechanism, for the implementation of the Declaration.28 21. The Act on Greenland Self-Government, adopted in 2009, recognizes the right of the people of Greenland to self-determination. The Act is therefore based on an agreement between the governments of Greenland and Denmark as equal partners.29 The Act establishes that independence for Greenland should be concluded by the parliament of Greenland and then endorsed by means of a referendum. The subsequent consent of the Parliament of Denmark is also required. In 2016, the parliament of Greenland established a constitutional commission and a draft constitution was presented to the parliament in April 2023. Following his 2023 visit, the Special Rapporteur on the rights of Indigenous Peoples encouraged Greenland to promote wide-ranging, inclusive and meaningful consultations with the full participation of Inuit people in the process towards full independence, including the three main Inuit groups, the Kalaallit, the Iivit and the Inughuit.30 22. The Government of the Congo has had a legislative framework for the protection of Indigenous Peoples’ rights since 2011, when it adopted Law No. 5-2011 on the promotion and protection of the rights of Indigenous Peoples. That law sets out a sound legal foundation for Indigenous Peoples to claim their rights, protect their culture and livelihood, gain access to basic social services and protect their civil and political rights. 31 25 26 27 28 29 30 31 6 Submission from Law Council of Australia. Presentation by Virginius Xaxa at the expert meeting, November 2023. A/HRC/42/37/Add.1, paras. 16 and 17. Presentation by Mariana Yumbay Yallico at the expert meeting, November 2023 (in Spanish). Submission from Denmark. A/HRC/54/31/Add.1, paras. 34 and 35. A/HRC/45/34/Add.1, para. 8. GE.24-13517