A/HRC/27/67
that the common law should be developed consistently with emerging human rights norms
and the Treaty of Waitangi.
68.
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 the development of their peoples. That law also extends to national and
regional plans, programmes and development projects that directly affect the rights of
indigenous peoples. The regulations of this Act are being drafted with the participation of
various government agencies and representatives of indigenous peoples.
69.
Several States indicated that, based on the principle of the 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 create a hierarchy among populations within the State and thus does not explicitly
consider the Declaration when devising new laws and policies.
70.
The “Closing the gap” strategy in Australia has been established with the long-term
goal of meeting the provisions of a range of other articles in the Declaration.
71.
The human rights strategy of the German Federal Ministry for Economic
Cooperation and Development makes explicit reference to the Declaration and the principle
of free, prior and informed consent as essential landmarks which need to be adhered to in
any planning of development measures which might affect indigenous peoples.
72.
In Norway there are several ministries responsible for the implementation of its
human rights obligations. Those ministries must take into account relevant international
obligations when laws, policies or other measures affecting indigenous peoples are being
developed. The national legal framework requires the involvement of those affected when
regulations are issued, amended or repealed.
D.
Initiatives to raise awareness of the Declaration at community and
government levels
73.
The responses received from States indicated several direct measures to raise
awareness of the Declaration. Some States indicated a preference for focusing awarenessraising campaigns on general human rights instruments, such as national laws or human
rights treaties. Awareness-raising initiatives were aimed at both Governments and
indigenous peoples. One State emphasized the importance of indigenous peoples knowing
their rights and Governments knowing the Declaration. There were some examples of
education and training on the rights of indigenous peoples forming part of awarenessraising initiatives.
74.
The Mexican Commission for the Development of Indigenous Peoples has
disseminated the Declaration within the Government and been instrumental in its
translation into 18 indigenous languages. Norway has also translated the Declaration into
Norwegian and North Sami. El Salvador has translated the Declaration into the Nahuat
language as part of its dictionary and grammar book. Paraguay has translated the
declaration into Guaraní and has disseminated it widely, particularly among staff of the
judicial branch.
75.
The Congo has focused awareness-raising on national and international human
rights and rights instruments for indigenous peoples. During “parliamentary days”, efforts
were made to educate Congolese parliamentarians on the rights of indigenous peoples and
the Declaration was explained to them.
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