A/HRC/21/54
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.
46.
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.
7.
Treaties, agreements and other constructive arrangements with States
47.
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
48.
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
other measures. However, there are examples where the goals and principles of the
Declaration inform processes leading to new laws and policies.
49.
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.
50.
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.
51.
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.
52.
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.
10