A/74/149
progress in the demarcation and title clearing of their traditional lands and territories,
which hinders their land security and thus the exercise of their authority. 48
54. Outside of Latin America, the Constitution of the Russian F ederation includes a
recognition of local self-government as a constitutional right that is not limited to
indigenous peoples. Federal legislation that specifically addresses the implementation
of that right by indigenous peoples has been developed. 49 In the Nordic countries, the
Constitution of Norway stipulates that it is the responsibility of the State to create
conditions enabling the indigenous Sami people to preserve and develop their
language, culture and way of life. The Constitution of Sweden, as amended in 2011,
includes a recognition of the Sami as a people and provides for the promotion of Sami
cultural and social life and their right to practise reindeer herding, while article 121
of the Constitution of Finland includes a recognition of the Sami as an indigenous
people, with the right to linguistic and cultural self-government in their native
region. 50
55. In several Asian countries, some indigenous peoples were given special legal
status during the colonial period, as was the case in Bangladesh, India, Indonesia and
Malaysia. That status was later reflected in certain constitutions and laws, such as in
the constitutional stipulations concerning the States in north-eastern India and the
States of Sabah and Sarawak in Malaysia. 51
56. The Federal Constitution of Malaysia divides constitutional authority among the
federal Government and the governments and legislatures of its 13 States. After the
States of Sabah and Sarawak, with a majority indigenous population, joined the
federation, special provisions were incorporated into the Constitution for the
“natives” or indigenous peoples in those States (but not for indigenous peoples in
Peninsular Malaysia). The States of Sabah and Sarawak have autonomous authority
with regard to land-related legislation, and laws introduced during the colonial period
on customary land rights are still in place. 52 Legal pluralism is an important feature
of the Malaysian legal system, with the constitutional recognition of statutory law,
common law and customary law.
57. The sixth schedule of the 1950 Constitution of India provides for the rights of
“scheduled tribes” in several States in north-eastern India. Autonomous district and
regional councils in those States may legislate on a number of subjects and have
jurisdiction over the administration of justice and land. Through articles 371A and
371G of the Constitution, indigenous peoples in the States of Nagaland and Mizoram,
respectively, are granted constitutional guarantees, including regarding their
customary law and traditional justice systems, their cultures and their lands and
resources. No acts of Parliament can be made applicable that affect religious and
social practices, customary law and ownership and transfer of land and resources
without the agreement of the legislative assemblies of those States. 53 The fifth
schedule provides for the establishment of tribal advisory councils composed of
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48
49
50
51
52
53
16/23
For information on concerns over the situation in the autonomous r egions, see NIC 2/2018,
NIC 5/2015 and NIC 1/2013.
A/HRC/15/37/Add.5, p. 58.
For information on additional legislation and the implementation thereof, see A/HRC/33/42
/Add.3 and A/HRC/18/35/Add.2; see also E/C.19/2013/18.
Stefania Errico, The Rights of Indigenous Peoples in Asia: A Human Rights-based Overview of
National Legal and Policy Frameworks against the Backdrop of Country Strategies for
Development and Poverty Reduction (Geneva, International Labour Organization (ILO), 2017).
For information on the implementation of such laws, see the 2013 report of the national inquiry
into the land rights of indigenous peoples of the National Human Rights Commission of M alaysia.
Article 371A (incorporated via the Constitution (13th Amendment) Act, 1962 ) for Nagaland, and
Article 371G (incorporated via the Constitution (53rd Amendment) Act, 1986 ) for Mizoram, both
following accords to end long conflicts in the areas.
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