A/HRC/51/50
provincial (British Columbia) legislative frameworks to implement it. 34 The dialogue and
negotiation on the treaty-making process between traditional owners and Aboriginal peoples
in the State of Victoria, Australia, is another current example.35
21.
In conflict settings, indigenous peoples have participated in negotiating peace
agreements with States to end hostilities. For example, the Chittagong Hill Tracts Peace
Accord in Bangladesh ended two decades of conflict, although its implementation faces
serious challenges. The continued militarization of Naga territory in India serves as another
example of an agreement that is being weakly implemented, revealing that peace agreements
can have disappointing results, sometimes causing internal divisions instead of consolidating
peace.36 When core rights, such as self-determination, are not addressed, as was the case in
the Bodo Peace agreements37 and the San Andrés agreements between the Zapatista Army of
National Liberation and the Mexican Government, trust in dialogue and in lasting resolution
evaporates.38
22.
Indigenous peoples have contributed to various peace agreements, in which they have
been recognized as victims as well as peacemakers, such as in the peace agreements in
Colombia39 and Guatemala,40 which were concluded after years of suffering by indigenous
peoples, although they have not yet fully benefitted from them.
23.
In Australia, the tendency has been to conduct negotiations in corporate-to-sovereign
instead of sovereign-to-sovereign terms, through native title corporations, a State-constructed
apparatus for native title governance and administration,41 established to oversee, represent
and exercise the rights and interests of common law native title holders.42 It is reported that,
in most cases, the native title is a practical mechanism for Australian States to recognize the
land rights of indigenous peoples but not their broader claims for self-determination and
sovereignty.43
24.
In some cases, the relationship between indigenous peoples and States is regulated by
legislative provisions or constitutions. In the United States of America, executive orders have
often been used by State and federal officials to address key issues and to strengthen political
relations with indigenous governments, based on coordination and consultation, although it
has been reported that consent has not been envisaged.44
25.
In Colombia, agreements on indigenous territories led to the adoption of decree 1397
of 1996, which created the National Commission of Indigenous Territories and the Permanent
Roundtable for consultation with indigenous peoples and organizations. However,
indigenous organizations have protested the non-compliance with all of the terms stipulated
in the decree and have mobilized to ask for those commitments to be respected.45 It has been
reported that the Special Jurisdiction for Peace, established in the framework of the final
34
35
36
37
38
39
40
41
42
43
44
45
6
Government of Canada, Implementing the United Nations Declaration on the Rights of Indigenous
Peoples Act, see https://www.justice.gc.ca/eng/declaration/index.html.
See https://www.legislation.vic.gov.au/bills/advancing-treaty-process-aboriginal-victorians-bill-2018.
Presentation of Atina Pamei Gaare at the Expert Mechanism seminar.
Joint submission by several organizations from Northeast India.
Presentation of Gilberto López y Rivas at the Expert Mechanism seminar.
Government of Colombia, Acuerdo Final para la Terminación del Conflicto y la Construcción de una
Paz Estable y Duradera (2016), see https://www.jep.gov.co/Marco Normativo/Normativa_v2/01
ACUERDOS/Texto-Nuevo-Acuerdo-Final.pdf?csf=1&e=0fpYA0.
Submission of the International Work Group for Indigenous Affairs; see also “Guatemala. Acuerdo
sobre identidad y derechos de los pueblos indígenas” (1995) (https://www.almg.org.gt/wpcontent/uploads/2020/05/j-Acuerdo-Sobre-Identidad.pdf).
Australia, “Registered native title bodies corporate”, Office of the Registrar of Indigenous
Corporations, 22 October 2020, see https://www.oric.gov.au/top-500/2015-16/RNTBCs.
Presentation of Janine Gertz at the Expert Mechanism seminar.
Submission of the Castan Centre for Human Rights Law; see also Harry Hobbs and George Williams,
“The Noongar settlement: Australia’s first treaty”, Sydney Law Review, vol. 40, No. 1 (2018), p. 27.
Presentation of David Wilkins at the Expert Mechanism seminar; see also A/HRC/21/47/Add.1,
paras. 67–68.
A/HRC/37/3/Add.3, paras. 72–73 and 75; see also https://www.onic.org.co/comunicados-onic/2058pueblos-y-organizaciones-indigenas-nosdeclaramos-en-alerta-y-asamblea-permanente-porincumplimientode-acuerdos-por-parte-del-gobierno-nacional.