A/HRC/21/54
26.
In the Congo, legislation ensures the participation of indigenous peoples in decisionmaking. Peru has also passed a law on the right to prior consultation as recognized in ILO
Convention 169, which was promulgated on 23 August 2011.
27.
France indicated that in its department of French Guiana an advisory board of
Amerindians and Bushinengué was established in 2010. The regional councils and the
general council consult this board on any plans or proposals which may affect the
environment or the cultural activities of the Amerindians and Bushinengué.
28.
Chile undertook a consultation on indigenous institutions, which was modified after
receiving complaints from indigenous leaders on the process. The first stage of
consultation is now aimed at a consultation on developing consultation procedures.
29.
In 2005 the Government of Norway and the Sami Parliament concluded an
agreement on procedures for consultations to ensure that new measures and legal provisions
are in accordance with the Sami peoples’ rights. The Procedures for Consultations also seek
to ensure that the Sami peoples can genuinely participate in and have a real influence on
decision-making processes that may directly affect Sami interests. The Government has by
Royal Decree confirmed that the agreed procedures apply to the whole central Government
administration.
30.
In Guyana, titling and demarcation of Amerindian lands and territories requires their
free, prior and informed consent.
31.
Australia has an indigenous engagement framework which, it states, captures its
aspirations to engage effectively with indigenous peoples. The National Congress of
Australia’s First Peoples is a vehicle to provide a voice for Aboriginal and Torres Strait
Islander peoples in strategic national matters.
32.
In the United States of America, pursuant to Executive Order 13175 on
“Consultation and Coordination with Indian Tribal Governments”, federal agencies are
required to consult with tribal officials when making decisions that affect tribal
communities.
33.
Mexico’s Commission for the Development of Indigenous Peoples has established a
system for consultation with indigenous peoples which allows for their participation in the
definition, design, implementation and evaluation of programs, projects and Government
actions.
4.
Culture and languages
34.
There were examples of indigenous languages being recognized in State
constitutions. However, the most common response was to highlight the importance of
education to promote and implement indigenous peoples’ rights to culture and language.
There were a few examples of indigenous languages being taught in national schools. A
few States explicitly indicated that curricula were developed in consultation with
indigenous peoples. Some States indicated a need to overcome negative stereotypes of
indigenous cultures and languages in order to preserve and promote their use.
35.
The Bolivian education system has been undergoing changes, based on an ideology
and political practice of decolonization, liberation, revolution, anti-imperialism and
transformation without discrimination or exploitation. The revamped education system
provides cultural education, which contributes to the affirmation and strengthening of
cultural identities, recognition, assessment and development of indigenous peoples’ culture
in dialogue with other cultures and language. The Bolivian Constitution provides for
education to begin in the mother tongue of each region. The Bolivian Constitution also
provides for the creation of indigenous universities for indigenous youth.
8