A/HRC/30/54
of achieving respect for all cultures and peoples in the country, and promoting harmonious
intercultural relations and participation in democratic processes.
35.
Denmark and the Government of Greenland responded that the Government of
Greenland was democratically elected and that all members of the Parliament and
Government were of Inuit descent.
36.
Although some States did not have specific legislation, they indicated that processes
were underway to develop consultation protocols. For example, Paraguay and Peru had
been developing consultation protocols in consultation with indigenous organizations.
37.
France reported that the successive adoption of laws on New Caledonia (1999) and
French Polynesia (2004) had allowed for significant progress in the full and effective
participation of indigenous peoples in decisions that directly or indirectly affect them. The
degree of autonomy was greater with each successive law. In French Guiana, it was decided
to create a consultation council of Amerindians and Bushinenge.
38.
Colombia made reference to the special circumscription for the election of senators
and representatives from indigenous communities, which was enshrined in the Constitution.
Colombia also highlighted the Mesa Permanente de Concertación (Permanent Commission
for Dialogue), which facilitated dialogue between indigenous peoples and the State on all
administrative and legislative measures that may affect them. Indigenous peoples were
participating in this mechanism through five umbrella organizations.
39.
Other States highlighted the general democratic processes as providing opportunities
for indigenous peoples to participate in decision-making. Burundi, for example, highlighted
the ways in which the national electoral system provided representation to the Batwa
people.
40.
In terms of responses from indigenous peoples, the Saami Parliament of Finland
reported that there were no provisions in Finnish law requiring free, prior and informed
consent. However, a proposed Amendment Act of the Saami Parliament would require
authorities to conduct bona fide negotiations seeking agreement with the Saami Parliament
concerning significant measures affecting the Saami homeland of the status of the Saami
people.
41.
Asociación Kunas Unidos por Napguana indicated that due to the special status of
the Guna Yala region, the State had to consult the Kuna people prior to implementing large
projects within their lands. In that regard, the Kuna Congress had rejected several projects
because they threatened the integrity of their territory. They stressed, however, that in other
indigenous regions of Panama, those consultation processes had not been respected, in
particular in the lands of the Ngäbe-Buglé and Naso peoples.
42.
The Teemashane Community Development Trust responded that, in Botswana,
indigenous peoples were only consulted insofar as consultations on a particular issue were
carried out through traditional meetings or village gatherings. However, this system did not
favour the views of indigenous peoples. Rather, it was usually the dominant society’s views
and opinions that informed decisions.
D.
Cultures and languages
43.
The questionnaire posed the following question to States and indigenous peoples:
“Have specific legislative, policy, or administrative measures been adopted to implement
rights relating to cultures and languages? If yes, please provide details. If not, please outline
any plans to develop legislative, policy or administrative measures in this area.”
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