A/HRC/57/62 29. In Cambodia, Indigenous Peoples have reportedly participated actively in the process of amending the Law on Forestry and the Law on Protected Areas. They have expressed their concerns about whether both laws are in line with the Declaration and other international standards.40 30. In Indonesia, article 18B (2) of the Constitution enshrines the State’s recognition of Indigenous Peoples’ rights and there is implicit recognition of some Indigenous Peoples’ rights in Act No. 5 of 1960 on basic agrarian reform and Act No. 27 of 2007 on management of the coastal area and small islands. However, there has been criticism that those laws contradict other national legislation that does not provide Indigenous Peoples with sufficient protection. For example, the 2014 amendment to Act No. 27 of 2007, although deeming that the control of the coastal area is under the jurisdiction of Indigenous Peoples, indicates that this applies only when it takes into account national interests and is in accordance with legislation.41 31. In West Papua, in Indonesia, the 2021 special autonomy law was reportedly discussed without consulting or obtaining the free, prior and informed consent of the West Papua Indigenous Peoples.42 32. In India, apart from constitutional provisions, some pieces of national legislation, such as the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996, align with the Declaration. That Act provides for the restoration of the traditional system of governance, rights to land and the right to pursue development in the interest of the community. In addition, the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, aims to redress historical injustice done to Indigenous Peoples and other forest dwellers through State control of forests since colonial rule. The Act is aimed at restoring their lands, which were appropriated in colonial and post-colonial India. However, implementation of those two acts has been inadequate and provisions aimed at securing the interests of Indigenous Peoples and others have been diluted through amendments or changes in the rules for implementation of the acts.43 33. In January 2024, the Special Rapporteur on the rights of Indigenous Peoples warned that the amendments to the forestry and wildlife law in Peru could legalize and encourage the dispossession of Indigenous Peoples from their lands and threaten their physical and cultural survival. He recalled that Peru has obligations under international law with regard to enacting laws that affect Indigenous Peoples, including article 19 of the Declaration. 44 In May 2024, a Decree was passed in Peru creating the Sierra del Divisor Occidental Indigenous Reserve, covering an area of more than 500,000 hectares of Amazonian forest. The aim is to protect the rights of the Remo or Isconahua, Mayoruna and Kapanawa Indigenous Peoples living in isolation.45 34. In Guatemala, no legislative or institutional measures have been based concerning or inspired by the Declaration. Despite several draft laws being brought before Congress aimed at implementing the rights of Indigenous Peoples, the absence of political will on the part of several political parties, coupled with persistent racism and racial discrimination, have reportedly resulted in the draft laws not being adopted.46 35. France does not recognize the status of Indigenous Peoples and their collective human rights, invoking the constitutional principles of the indivisibility of the Republic and the equality of all citizens. While measures adopted by France in this area are rare, several recent legislative, regulatory and case law developments in French Guiana are noteworthy. In 2016, provisions of European and international law on access to genetic resources were transposed 40 41 42 43 44 45 46 8 Submission from Cambodia Indigenous Peoples Alliance. Submission from Apintlaw. Submission from West Papua Interest Association. Presentation by Virginius Xaxa at the expert meeting, November 2023. See https://www.ohchr.org/en/press-releases/2024/02/peru-changes-forestry-law-will-threatensurvival-indigenous-peoples-un. Statement made by Peru during the seventeenth session of the Expert Mechanism, 8–12 July 2024. Submission from International Indian Treaty Council (in Spanish). GE.24-13517