A/HRC/51/28/Add.1
(b)
Respect each people’s membership criteria based on its self-identification
processes and guarantee explicit and formal recognition of indigenous peoples in
domestic law by means of constitutional, statutory or judicial measures, in accordance
with the principle of self-identification and self-determination;
(c)
Provide the indigenous peoples with appropriate redress for human rights
violations relating to the lack of indemnification in respect of their lands, for ignorance
of their self-governance structures and for imposition of the comprehensive
development associations;
(d)
Foster constructive dialogue with the indigenous peoples, in order to carry
out a comprehensive and participatory legislative reform that meets international
human rights standards, with a view to guaranteeing self-determination and
recognition of each people’s own institutions, in accordance with their specific
characteristics;
(e)
Provide indigenous peoples’ own institutions with the financial and
technical resources necessary to ensure that they function properly, in coordination and
consultation with the peoples themselves;
(f)
Draw up a national action plan on business and human rights that
complies with the United Nations Guiding Principles on Business and Human Rights,
in consultation with stakeholders, including the indigenous peoples, and in accordance
with the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the United
Nations Declaration on the Rights of Indigenous Peoples.
Self-determination, self-government and political participation
94.
The Special Rapporteur recommends that the State:
(a)
Guarantee the legal personality of each indigenous territory’s own
governance institutions in accordance with the principle of self-identification, even
though the indigenous peoples existed before the State and the granting of legal
personality is merely a declaratory rather than a constitutive act and is not a condition
for the exercise of their rights;
(b)
Refrain from making the granting of legal personality to a given
indigenous people subject to formalistic or excessive requirements;
(c)
Create, in consultation with the indigenous peoples, an agile, simple and
effective mechanism for granting legal personality to indigenous authorities, in
accordance with international standards;
(d)
Evaluate, in consultation and coordination with the indigenous peoples,
any changes to domestic political and administrative divisions that might be necessary,
in order for those peoples’ autonomous territories to actually function;
(e)
Amend, in consultation with the indigenous peoples, Executive Decree
No. 8487, in order to ensure that the use of comprehensive development associations in
indigenous territories is optional and not compulsory, as it has been to date, in
anticipation of a comprehensive legislative reform that includes the restructuring of the
associations in the indigenous territories, in cases where the association has been
accepted by the indigenous authorities;
(f)
Foster and enhance indigenous peoples’ direct participation in all areas of
decision-making and take positive measures, in accordance with the international
human rights framework, to encourage indigenous persons’ participation in all State
institutions and political parties;
(g)
Reform, in consultation with the indigenous peoples, the National
Commission on Indigenous Affairs.
95.
The Special Rapporteur recommends that the indigenous peoples:
(a)
Foster internal dialogue between different parties or persons representing
different positions within the indigenous authorities, in order to reach a joint position
GE.22-11025
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