A/HRC/60/66 51. Namibia has taken steps to ensure that data-collection processes respect the rights of Indigenous Peoples by engaging with them in decision-making. This includes consultations about the purposes of data collection, the ownership of data and how they might be used in the future. South Africa has made efforts to engage with Indigenous Peoples through its national Indigenous knowledge systems office. This office facilitates consultations between communities and researchers, ensuring that Indigenous knowledge systems are respected and that communities have the authority to decide how their knowledge is shared. 52. In the Russian Federation, while it is not explicitly regulated, some large mining companies have adopted corporate policies aligned with free, prior and informed consent. Many smaller firms, by contrast, often bypass consultations altogether.52 This gap hinders Indigenous Peoples from generating the data needed for sociocultural impact assessments and fair compensation. 53 In response, Indigenous Peoples have launched independent monitoring efforts to collect data from both companies and authorities.54 53. National statistical offices in Latin America have made significant progress, notably in population censuses. Examples include the creation of the National Statistical Commission for Indigenous, Afro-Ecuadorian and Montubio Peoples in Ecuador in 2007, and the free, prior and informed consent processes implemented in the censuses of Colombia in 2018 and Brazil in 2024.55 However, these advances are not yet standard across Latin America and the available data remain underutilized. Once Indigenous self-identification is in place, disaggregating, disseminating and analysing the data will be essential. Strengthening the capacities both of State bodies and of Indigenous organizations remains a key challenge.56 54. Data collection should follow the human rights norm of free, prior and informed consent across all Indigenous Peoples’ rights. Data provide important leverage in Indigenous Peoples’ dialogue with States and businesses.57 However, collecting and digitizing data on traditional knowledge and cultural and sacred sites might lead to the misappropriation or misuse of traditional knowledge or the desecration of cultural and sacred sites by companies or non-members of Indigenous Peoples, without any prevention, mitigation and compensation measures and without any benefit-sharing agreed upon with Indigenous Peoples. 55. The digitization of information can lead to the erosion of cultural practices, as data become products that can be represented in ways that do not reflect reality or meet the needs of Indigenous Peoples. Lack of control by Indigenous Peoples over their information can result in the proliferation of harmful stereotypes and cultural appropriation. In Mexico, the lack of an Indigenous data sovereignty policy has resulted in a lack of free, prior and informed consent mechanisms for the collection and use of data, and limited participation by Indigenous Peoples in data-collection, data analysis and data management processes.58 56. Ultimately, respecting free, prior and informed consent in data governance is not only a legal obligation but also a pathway to fostering trust, collaboration and sustainable development that honours the heritage, values and knowledge of Indigenous Peoples. VI. Role of data in achieving the right to development 57. Data are a central element of the 2030 Agenda for Sustainable Development, and effective collection of relevant and reliable data is a critical precondition for the sustainable 52 53 54 55 56 57 58 GE.25-12012 Presentation by Alexey Tsykarev (in Russian), expert seminar, December 2024. Submission from the Soyuz Union of Indigenous Peoples and Salvation of Yugra (in Russian). Presentation by Alexey Tsykarev (in Russian), expert seminar, December 2024. Laura Acosta and Bruno Ribotta, “Visibilidad estadística y mecanismos participativos de los pueblos indígenas en América Latina: avances y desafíos”, Documentos de Proyectos (LC/TS.2021/188) (Santiago, Economic Commission for Latin America and the Caribbean (ECLAC), 2022) (in Spanish). Submission from the ECLAC Population Division (in Spanish). Chidi Oguamanam, “Indigenous Peoples, data sovereignty, and self-determination: current realities and imperatives”, The African Journal of Information and Communication, vol. 26 (2020). Submission from Kiado Cruz Miguel and Socorro Apreza Salgado (in Spanish). 9

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