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