1.
Draft United Nations Declaration on the Rights of Indigenous Peoples
(UN 1994) Article
37: "States shall take effective and appropriate measures, in
consultation with the indigenous peoples concerned, to give full effect to
the provisions of this Declaration. The rights recognized herein shall be
adopted and included in national legislation in such a manner that
indigenous peoples can avail themselves of such rights in practice." Article 38: "Indigenous
peoples have the right to have access to adequate financial and technical
assistance, from States and through international cooperation, to pursue
freely their political, economic, social, cultural and spiritual development
and for the enjoyment of the rights and freedoms recognized in this
Declaration." Article 40: "The organs and
specialized agencies of the United Nations system and other
intergovernmental organizations shall contribute to the full realization of
the provisions of this Declaration through the mobilization, inter alia, of financial
cooperation and technical assistance. Ways and means of ensuring
participation of indigenous peoples on issues affecting them shall be
established." Article 41: "The United
Nations shall take the necessary steps to ensure the implementation of this
Declaration including the creation of a body at the highest level with
special competence in this field and with the direct participation of
indigenous peoples. All United Nations bodies shall promote respect for and
full application of the provisions of this Declaration." 2.
C 169, Convention on Indigenous and Tribal People (ILO Convention
1989) Article
6: 1.
"In applying the provisions of this Convention, governments shall: (a) consult the peoples
concerned, through appropriate procedures and in particular through their
representative institutions whenever consideration is being given to
legislative or administrative measures which may affect them directly; (b) establish means by which
these peoples can freely participate to at least the same extent as other
sectors of the population, at all levels of decision-making in elective
institutions and administrative and other bodies responsible for policies
and programmes which concern them; (c) establish means for the
full development of these peoples' own institutions and initiatives, and in
appropriate cases provide the resources necessary for this purpose. 2. The consultations
carried out in application of this Convention shall be undertaken, in good
faith and in a form appropriate to the circumstances, with the objective of
achieving agreement or consent to the proposed measures." Article 33: 1. "The governmental
authority responsible for the matters covered in this Convention shall
ensure that agencies or other appropriate mechanisms exist to administer the
programmes affecting the peoples concerned, and shall ensure that they have
the means necessary for the proper fulfillment of the functions assigned to
them. 2. These programmes shall
include: (a) the planning,
co-ordination, execution and evaluation, in co-operation with the peoples
concerned, of the measures provided for in this Convention; (b) the proposing of
legislative and other measures to the competent authorities and supervision
of the application of the measures taken, in co-operation with the peoples
concerned." Article 34: "The nature and
scope of the measures to be taken to give effect to this Convention shall be
determined in a flexible manner, having regard to the conditions
characteristic of each country”. [
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