A/HRC/48/74 18. New Zealand has introduced measures to monitor the disparities between indigenous and non-indigenous children within its child welfare system, which have demonstrated a decline in the number of Maori children in State care in recent years. Guatemala has introduced a system to bring visibility to indicators related to indigenous peoples and Ecuador incorporates self-identification into its information intake in its health-care system. In Canada, First Nations brought legal cases regarding discrimination in health-care access, leading to the adoption of legislation known as Jordan’s Principle to reduce jurisdictional barriers and provide support and funding for indigenous children seeking social services. B. Participation, consultation and the right to be heard 19. Indigenous peoples have rights to consultation and to participate in decision-making. In its 2011 study on the right to participate in decision-making, the Expert Mechanism emphasized the importance of involving indigenous women and youth in decision-making processes. 6 Children, who often make up a large percentage of indigenous populations, should be included in these processes in a meaningful way. 20. Article 12 of the Convention on the Rights of the Child holds that the views of children should be given due weight in all matters affecting them, according to their age and maturity. That is not limited to seemingly child-specific issues, such as education or alternative care, but in all areas that affect their lives, for example health care or issues concerning their traditional territories and environment. In its general comment No. 11, the Committee on the Rights of the Child confirmed that States play an integral role in the participation of indigenous children and must ensure that they are consulted on matters affecting them. 21. With regard to free, prior and informed consent, in its 2018 study, the Expert Mechanism reiterated the importance of consulting with women, children, youth and persons with disabilities, and considering the specific impacts of decisions on them. 7 However, indigenous peoples report that Governments are not consulting them on policies that affect indigenous children. These issues are particularly relevant in Africa where, due to patriarchal structures, women and children are often not consulted or involved in decision-making, even at the community level.8 C. Registration and nationality 22. Article 6 of the Declaration reiterates the right of indigenous peoples to a nationality, which is also enshrined specifically with regard to children in article 24 (3) of the International Covenant on Civil and Political Rights and in article 7 of the Convention on the Rights of the Child. Lack of registration at birth is linked to the right to nationality, as unregistered children do not have the required documentation, such as birth certificates, to access national identity documents. That leaves them at risk of statelessness and is exacerbated in countries where indigenous peoples are not recognized as such. Lack of registration impacts their ability to access basic public services, including education and health care, and leaves them at greater risk of trafficking, particularly for girls.9 23. Indigenous children are often at high risk of non-registration. In its general comment No. 2 on article 6 of the African Charter on the Rights and Welfare of the Child, the African Committee of Experts on the Rights and Welfare of the Child highlighted the increased risk for indigenous children in Africa where, for example, those from the eastern part of the Democratic Republic of the Congo are not registered and are considered stateless.10 Children whose communities span national borders and those in nomadic communities are often 6 7 8 9 10 See A/HRC/18/42. A/HRC/39/62, annex, para. 11. Information provided by member of the Expert Mechanism, Margaret Lokawua. A/HRC/EMRIP/2019/2/Rev.1, para. 73, A/HRC/30/41, para. 66, and Committee on the Rights of the Child, general comment No. 11 (2009), para. 72. Submission by Innovation pour la défense et la protection des ressources naturelles. 5