A/74/149 recognized traditional communities are acknowledged. Pursuant to section 3, subsection 1, of the Act, traditional authorities administer and execute customary laws and are responsible for protecting and promoting the culture, language, tradition and traditional values of the community and preserving cultural sites, works of art and traditional ceremonies. Recognized traditional authorities receive funding from the Government to carry out their functions. 65 65. The Constitution of Botswana provides for a house of chiefs with an advisory role to the National Assembly and executive authority on issues related to the tribes in the country. Under section 14, subsection 3 (c), the Constitution provides for a restriction in the freedom of movement to ensure the protection or well -being of Bushmen. Governance at the community level is through the system of chief and ward meetings, recognized and regulated by the Bogosi Act, a system that originated in Tswana custom, although not necessarily adequate for non-Tswana peoples. 66 66. The 2010 Constitution of Kenya includes several provisions related to vulnerable and marginalized communities, who are defined in a way consistent with the language of the United Nations Declaration on the Rights of Indigenous Peoples. 67 It promotes and protects indigenous languages, includes a recognition of the cultural and intellectual rights of those communities and their right to dual citizenship, important for indigenous peoples living across national borders, and includes provisions for affirmative measures. In terms of autonomy and self -government, the Constitution refers to devolution, meaning the transfer of d ecision-making powers to authorities at the subnational level, which will increase the participation of indigenous communities in overall governance. Measures to increase participation in the political life of the State are also included, as is a chapter o n land and environment, which provides for the recognition of community lands, a fundamental issue further developed in the recent Community Land Act (No. 27 of 2016) and through the establishment of a national land commission. 67. The Special Rapporteur considers that the above-mentioned legal and policy measures and commitments, as well as the growing regional jurisprudence on the rights of indigenous peoples, may provide a platform for States and indigenous peoples to launch or continue a discussion on how to advance the harmonization of such commitments and measures with international human rights laws on the rights of indigenous peoples. She stresses the constructive role that engagement with her, as mandate holder, the regional human rights systems and organizations and the national human rights institutions can play in that regard. 4. Recognition of plurinationality and nation-building processes 68. As previously mentioned, the full recognition of the right of indigenous peoples to self-determination calls for a reconceptualization of the State. A new generation of constitutions and subsequent legislation has emerged as a result of the assumption of the plurinational nature of the States, as has the recognition of the need for renewed nation-building processes to adequately include indigenous peoples. 69. The 2008 Constitution of Ecuador enshrines Ecuador as a plurinational and intercultural State. It includes a recognition of the rights of indigenous nationalities, peoples and communities to preserve and develop their models of social organization and authorities, the exercise of jurisdictional functions by indigenous authorities and the application of indigenous justice systems. It also enshrines the rights of indigenous peoples over their traditional lands and territories and provides that __________________ 65 66 67 19-11889 A/HRC/24/41/Add.1, para. 51. A/HRC/15/37/Add.2, paras. 10, 11, 16, 50, 51 and 91. Barume, Land Rights of Indigenous Peoples in Africa, p. 127; A/72/186; E/C.19/2013/18. 19/23

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