A/HRC/24/51
other measures. However, there are examples where the goals and principles of the
Declaration inform processes leading to new laws and policies.
59.
Several States have formalized processes and enacted legislation requiring
indigenous peoples’ participation in decision-making. These laws generally require prior
consultation when States make decisions that directly affect indigenous peoples’ rights.
Some States make specific reference to the requirement of free, prior and informed consent
in relevant laws and policies. Many States indicated that measures requiring consultation
were developed in consultation with indigenous peoples. There were a few examples of
consultation occurring through indigenous peoples’ own institutions and decision-making
processes.
60.
The Congo’s law on the promotion and protection of the rights of indigenous
peoples was elaborated through a process which allowed for public participation including
governmental actors, civil society and international experts. Indigenous peoples were
consulted in their localities in all departments where there is a significant concentration of
indigenous peoples. Indigenous peoples also played an active role in the discussions leading
to the final draft of the legislation.
61.
Consultation with indigenous peoples in the Plurinational State of Bolivia is part of
the principles of openness and transparency promoted by the Government. In Bolivia, there
are several laws in place that require consultation with indigenous peoples and their
participation in decision-making.
62.
The Chilean Indigenous Act recognizes and safeguards indigenous peoples and their
lands in Chile, as well as recognizes indigenous institutions and cultures. The Indigenous
Act provides special measures for the practical application of the obligations of
consultation and participation. This Chilean law recognizes that indigenous peoples should
be consulted through their traditional organizations as well as those communities,
organizations and associations recognized under the Indigenous Act. In one instance, when
indigenous peoples expressed concern with the process used for consultation, the
government adjusted the process for discussing new indigenous institutions and
constitutional recognition.
63.
In Guyana, the Amerindian Law 2006 requires free, prior and informed consent of
Amerindian Villagers on issues that require their involvement or support in the areas of
land or mining, titling and demarcating lands, entry and access to Amerindian villages, and
use of natural resources.
64.
In New Zealand, one example of Maori participation in decision-making occurs
through negotiated agreements for the co-management of resources, such as Crown-owned
conservation lands and National Parks. Additionally, recent jurisprudence concluded that
the common law is to be developed consistently with emerging human rights norms and the
Treaty of Waitangi.
65.
Peru has enacted a law that recognizes the right of indigenous peoples to prior
consultation on legislative or administrative measures that directly affect their collective
rights in the areas of physical existence, cultural identity, territory, education, health,
quality of life and development of their peoples. This law also extends to national and
regional plans, programmes and development projects that directly affect indigenous
peoples’ rights. The regulations of this Act are being drafted with the participation of
various government agencies and representatives of indigenous peoples.
66.
Several States indicated that, based on principles of formal equality of all citizens,
there is no law that provides special recognition or processes for indigenous peoples to
participate in decision-making. In Burkina Faso, the decentralization law takes into account
the considerations set out in the Declaration. However, Burkina Faso does not wish to
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