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.

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