A/HRC/24/51
5.
Non-discrimination and equality
49.
Several States indicated that their constitutions provide for non-discrimination and
equality, such as the Chilean Constitution. The Guyana Constitution also prohibits
discrimination on the basis of race.
50.
Some States indicated that the principle of equality prohibited States from treating
any one group differently from another group. The Constitution of the Lao People’s
Democratic Republic stipulates that all Lao citizens are equal before the law. According to
the Government, in accordance with the principle of equality, every ethnic group is special
and therefore no one is more special than any other group, which has contributed to peace
and harmony and solidarity among Lao’s multi-ethnic peoples.
6.
Lands, territories and resources;
51.
Several States mentioned processes under way to demarcate and title indigenous
peoples’ lands. A few States referenced the collective nature of these titles. Several States
indicated that indigenous peoples have certain governmental authority or jurisdiction over
their lands.
52.
The Plurinational State of Bolivia is strengthening the process of land redistribution
and community self-management. Bolivia has also published and distributed an Atlas of
Indigenous Territories. Chile relaunched mechanisms to transfer land to indigenous peoples
in transparent and objective conditions. The collective property rights of indigenous
peoples in the Congo are protected by the law.
53.
France identified the creation of the Guyana Amazonian Park in French Guiana as
providing protection to indigenous peoples in the area to maintain and preserve their
subsistence practices, as well as preserving the natural resources they exploit.
54.
In Guyana, the 2003 Constitution provides protection over property, including
Amerindian property. Under the Amerindian Act 2006, Amerindians are granted title to
their lands absolutely and forever. Titling and demarcation of Amerindian villages must
occur with Amerindians’ free, prior and informed consent. These lands and resources are
governed by Village Councils, who have rule-making powers governing “the management,
use, preservation, protection and conservation of village lands and resources or any part
thereof”. To date, there has been an increase in the percentage of Amerindian land titled
and demarcated.
55.
New Zealand respects the importance of Maori peoples’ relationship with their land
and resources, but also maintains the existing legal regimes for ownership and management
of land and natural resources.
56.
The Peruvian Constitution protects the rights to land and there is a process for the
recognition and entitlement of such lands.
7.
Treaties, agreements and other constructive arrangements with States
57.
New Zealand indicated that the Treaty of Waitangi is the foundational document for
the relationship between the Government and Maori. New Zealand is committed to settling
outstanding treaty grievances by 2014. New Zealand indicated that increased resources and
funding are being provided to continue the settlement process.
C.
Consideration of the Declaration when devising new laws and policies
58.
Based on the responses, no State has passed explicit laws requiring the Declaration
on the Rights of Indigenous Peoples to be considered when devising new laws, policies or
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