A/HRC/21/54
53.
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.
54.
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.
55.
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.
56.
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 create a hierarchy among populations within the State and thus does not explicitly
consider the Declaration when devising new laws and policies.
D.
Initiatives to raise awareness of the Declaration at community and
government levels
57.
State responses indicated several direct measures to raise awareness of the
Declaration. Some States indicated a preference to focus awareness campaigns on general
human rights instruments, such as national laws or human rights treaties. Awareness-raising
initiatives were aimed at both Government and indigenous peoples. There were a few
examples where education and training on indigenous peoples’ rights was part of the
awareness initiatives
58.
The Mexican Commission for the Development of Indigenous Peoples has
disseminated the Declaration within the Government and been instrumental in the
translation of the Declaration into 18 indigenous languages.
59.
The Congo has focused awareness-raising on national and international human
rights and indigenous peoples’ rights instruments. During “Parliamentary days” there were
efforts taken to educate Congolese parliamentarians on the rights of indigenous peoples and
the Declaration was explained to the parliamentarians.
60.
The Ministry of External Relations of Bolivia, with the International Labour
Organization South America Regional Office, developed a series of workshops on “The
scope of the ILO Convention 169: Challenges for application and implementation and
strategies for action”. These workshops were directed at various officials in Bolivia, public
servants and indigenous peoples. Bolivia has also created and distributed materials (books,
pamphlets and audio-visual material) on collective rights.
61.
Chile has a programme, “Strengthening national capacities for conflict prevention
and intercultural management in Chile”, which includes support for activities whose
purpose is the dissemination of information and training related to indigenous peoples’
rights recognized by international law with an emphasis on ILO Convention No 169.
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