A/HRC/33/58
provided examples of large-scale public works, such as hydroelectric dams, or extractive
industries pursuing their activities on indigenous peoples’ lands without their consent.
D.
Participation of indigenous peoples in the development and
implementation of legislative, policy or administrative measures
that affect them
32.
Finland responded that the Act on Metsähallitus, which included provision for
municipal advisory committees in the Sami homeland, was drafted by a working group
appointed by the Ministry of Agriculture and Forestry on 16 June 2013. That working
group included representatives from the Sami Parliament and the Skolt Sami Village
Council.
33.
Australia engaged with a range of Aboriginal and Torres Strait Islander leaders,
organizations and communities when designing policies and programmes and implementing
services. One example was the National Aboriginal and Torres Strait Islander Health Plan
2013-2023, which recognized the importance of Aboriginal and Torres Strait Islander
peoples’ involvement in the planning, design and implementation of health services.
34.
Denmark and Greenland stated that the 2009 Act on Greenland Self-Government
demonstrated the commitment to and implementation of the Declaration. The Act required
the Naalakkersuisut (Government of Greenland) to be heard on all other matters affecting
Greenland and the Government of Denmark. It required all bills of the Government of
Denmark that might be brought into force in Greenland to be submitted to the autonomous
government for comments. The Government of Denmark was required to await those
comments before presenting bills to the Danish parliament.
35.
Peru reported on the establishment of a working group on public policies focusing
on indigenous peoples, which was a space for participation and dialogue between
indigenous peoples and the executive power to coordinate, propose and monitor such public
policies. Peru also highlighted its quota system in place in certain departments and
provinces to address the gaps in the political representation of indigenous peoples. Peru
reported on consultation processes, pointing out that of 11 processes carried out in 2015–
2016, nine had concluded with agreements between indigenous peoples and the State.
36.
Indigenous peoples in Canada had treaty or self-government agreements, which
Canada was bound to respect. Canada must consult with or secure agreement from
indigenous government (as set out in such agreements) when developing and implementing
legislative, policy or administrative measures that affected the rights of indigenous peoples.
Canada submitted that it was also in the process of undertaking an extensive review to
ensure compliance on the part of the Crown with aboriginal and treaty rights.
37.
Mexico had ensured that indigenous peoples were consulted during the development
of the National Development Plan by holding consultation meetings with representatives of
indigenous peoples and communities. Furthermore, 22 state constitutions and 24 state laws
recognized the right to consultation and participation of indigenous peoples and indigenous
communities. In 2004, the Government of Mexico had also established the Advisory
Council of the National Commission for the Development of Indigenous Peoples. That
body had become the main organ of participation and consultation for indigenous peoples.
38.
Answers from indigenous peoples’ organizations described situations ranging from
complete exclusion from decision-making to pro forma processes for participation, carried
out by the State simply to comply with protocols, but not in good faith. Other organizations
stated that the non-recognition of their indigenous status by Government authorities
hampered any attempts to participate in decision-making.
6