A/HCR//18/42 when considering any law or policy affecting Kanak identity. When the Customary Senate disagrees with the law or policy, Congress must reconsider its decision, after which the position of Congress applies.14 While this practice preserves the supremacy of the New Caledonian Congress on matters that are of fundamental importance to the Kanak, it provides the opportunity for Kanak representatives to contribute to congressional deliberations. 30. The Inuit Circumpolar Conference is a good example of regional cooperation between indigenous peoples. The Conference holds quadrennial general assemblies at which issues such as resource development and climate change are discussed. The associated Inuit leaders’ summit brings together Inuit leaders of the regional and national Governments of Inuit nations.15 C. Indigenous legal systems 31. Under its articles 5, 27, 34 and 40, the Declaration on the Rights of Indigenous Peoples affirms the right of indigenous peoples to maintain and strengthen their own legal systems. Articles 8 and 9 of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO) also provide further elaboration on these rights. Indigenous legal systems, including legislative, judicial and procedural aspects, can maintain harmony within indigenous society and enhance indigenous peoples’ ability to influence decision-making externally. 32. Although Bangladesh has a unitary system of government, the legal and administrative system in the Chittagong Hill Tracts is separate and distinct from those in other parts of the country. Informally, the justice system of many indigenous communities is still operational and used to settle disputes over both civil and petty criminal matters. The traditional justice institutions, namely of the three Circle Chiefs, the Mouza headmen and the village Karbaris, complement State justice institutions and their jurisdiction over 14 15 See submission by the Special Rapporteur on the rights of indigenous peoples to the Expert Mechanism on the Rights of Indigenous Peoples, “Some examples of good practices for indigenous peoples’ participation in decision making: political participation, consultation standards, and participation in development projects” (11 March 2011). Submission by Sara Olsvig to the technical workshop on good practices associated with indigenous peoples and the right to participate in decision-making of the Expert Mechanism on the Rights of Indigenous Peoples (9-10 March 2011). 9

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