E/CN.4/2006/78
page 6
9.
The new pluralist constitutionalism underscores the recognition of indigenous peoples as
political subjects, not merely as objects of policies dictated by others; a change in the identity of
the nation State, that is now recognized as multi-ethnic and multicultural; the individual and
collective right to one’s own identity; and the recognition of legal pluralism. However,
institutional implementation, legislative and case-law development and the very appropriation of
reforms by indigenous peoples and campesinos themselves have been unequal in the region.
10.
Legislation on the subject has also been enacted in other parts of the world. The 1999
Federal Law on the Guarantees of the Rights of Indigenous Numerically Small Peoples of the
Russian Federation is a first step towards that country’s recognition of indigenous peoples’
rights. This Law provides judicial protection for the rights of these peoples and protects the
indigenous environment, lifestyle, economy and traditional cultures and languages. In 2001 new
legislation established the regulation on territories traditionally administered by the indigenous
peoples.
11.
Recognition of indigenous peoples has been promoted in some Asian countries, although
the concept is not universally accepted. In Cambodia the law recognizes various rights relating
to land and to forest management. As long ago as 1954 Malaysia adopted the Aboriginal
Peoples Act for the protection of indigenous groups known collectively as Orang Asli. The
Indigenous Peoples Rights Act (IPRA) of 1997 in the Philippines recognizes various rights of
those peoples (E/CN.4/2003/90/Add.3).
12.
On the African continent, only a handful of States have recognized the existence of
indigenous populations on their territory. Some legislation makes mention of these
communities, but what is mostly sought is a single national identity rather than recognition of the
specific identities of indigenous peoples.
13.
The Ethiopian Constitution mentions the unconditional right to self-determination of each
nation, nationality and people in Ethiopia; the Cameroonian and Ugandan Constitutions protect
minorities and the rights of indigenous people. In Algeria, the 1996 Constitution recognizes the
Amazigh (Berber) dimension of Algerian culture, and the Constitution of Namibia recognizes the
Nama language. Although indigenous peoples are not officially recognized as such in
South Africa, the 1996 Constitution includes reference to the Khoe and San people and protects
the use of indigenous languages (see E/CN.4/2006/78/Add.2).
B. Analysis of the implementation of existing legislation:
advances and obstacles
14.
Despite these legislative measures and institutional reforms, there still exists an
“implementation gap” between legislation and day-to-day reality. Full implementation of the
legislative advances faces many obstacles and problems, against which various measures have
been taken.
Indigenous participation and representation in legislative bodies
15.
Indigenous peoples succeed in improving their civic rights insofar as they participate
democratically in the political process and the affairs of State. In recent years, owing to some
extent to the spaces opened up by new legislation, social organizations and movements of