A/73/176 ignore indigenous normative systems and serious concerns relating to the criminal prosecution of members of the community police force (see A/HRC/39/17/Add.2). 75. In Malaysia, the Federal Constitution incorporates special provisions for the natives of Sabah and Sarawak, including recognition of native customary law (see A/72/186). The jurisdiction of the native courts includes breach of customary law and customs, if all parties are natives, including in cases relating to marriage, divorce, adoption, guardianship or custody of infants and others. 22 While the recognition of the native courts is an important step towards respecting indigenous peoples ’ right to self-government, the courts face challenges in terms of ensuring adequate funding to operate, continued skill training for staff and documentation of cases and legal practice. 76. In Brazil, several indigenous peoples have established their own consultation protocols, such as the consultation and free, prior and informed consent procedures developed by the Wajãpi in Amapá and by the Munduruku in Pará. Others have progressed in terms of self-protection of territories, for example, through the use of indigenous forest guards set up by the Ka’apor in Maranhão. These are expressions of how indigenous peoples have sought to assert control over their territories, in particular to prevent illegal encroachments. However, while the country ’s Constitution of 1988 does contain several progressive provisions for indigenous peoples, including that they should have their “social organization, customs, languages, creeds and traditions recognized, as well as their original rights to the lands they traditionally occupy”, more needs to be done by the State to support and cooperate with such indigenous-led initiatives (see A/HRC/33/42/Add.1). 77. In Peru, under article 89 of the Constitution of 1993, the legal personality of peasant and native communities is recognized and their autonomy guaranteed with regard to their organization, community work, the use and free disposal of their land and economic and administrative matters (see A/HRC/27/52/Add.3). Some indigenous peoples have initiated processes of establishing autonomous indigenous governments related to their territories. These include the Wampis people who, in 2015, after years of internal consultation processes, adopted the Statute of the Autonomous Territorial Government of the Wampis Nation with the aim of protecting and promoting their cultural traditions and the Peruvian Amaz on. In the Statute, they recognize the territorial boundaries of Peru and confirm that the men and women of the Wampis Nation are also Peruvian citizens with the same rights and duties. The people of the Wampis Nation involve State administration authoriti es and seek collaboration on various issues. For instance, the Wampis Nation has coordinated intensively with various government institutions, including the Ministry of Energy and Mines, to address illegal mining, which has enabled a more effective respons e and ongoing monitoring of illegal mining activities (see E/C.19/2018/7). 78. In Namibia, the Traditional Authorities Act allows a traditional community to apply for State recognition of its traditional leadership. Most of the major San groups in Namibia have had their traditional authorities recognized, together with the right of traditional authorities to administer and execute customary laws, to protect and promote “the culture, language, tradition, and traditional values” of their communities and to preserve cultural sites, works of art and traditional ceremonies. Recognized traditional authorities receive funding from the Government to carry out their __________________ 22 18-11856 Limbu, Shankar, “A glimpse of the implementation of the United Nations Declaration on the Rights of Indigenous Peoples focusing on free, prior and informed consent in Asia”, paper presented at the international expert group meeting on the theme, ‘Implementation of the United Nations Declaration on the Rights of Indigenous Peoples: the role of the Permanent Forum on Indigenous Issues and other indigenous specific mechanisms (article 42)’, New York, 25–27 January 2017. 19/23

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