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24. Among the positive experiences in this regard was that of the Tagbanua Calamian people
of the Coron Island, in Palawan (Philippines), whose rights to their ancestral lands were
recognized through the Indigenous Peoples Rights Act (IPRA). This Act recognizes the right of
indigenous communities to free, prior and informed consent in relation to any development
programme or project undertaken for their benefit, mainly through a council of elders
(mame’pet) which represents the entire territory. This process has enabled indigenous
communities to better manage their ancestral lands and helped them to generate income by
giving them control of local tourism activities.
25. In Canada, the Inuit and Haida peoples have also had some positive experiences relating
to free, prior and informed consent. A good example is the agreement reached among the
Voisey Bay Nickel Company, the Innu Nation and the Labrador Inuit Association. The
agreement recognizes that local indigenous communities have constitutional rights to their
ancestral land, and that mining activities on that land can only be conducted with their consent.
The agreement has enabled the involvement of indigenous peoples in project design,
employment, environmental protection, social security and cultural protection measures.
26. Although this principle is well-established in the legislation and policies of many
countries, the Special Rapporteur continues to receive reports from indigenous organizations on
the lack of its implementation. In the case of the Russian Federation, for example, in their replies
to a questionnaire sent by the Special Rapporteur referring to the Federal Act of 2000 on the
indigenous peoples of the North, Siberia and the Far East of the Russian Federation, which
incorporates the principles of consultation and consent, indigenous organizations have reported
that the Act is not being implemented effectively in all cases where natural resources are being
exploited. Likewise, in Colombia, there are continued complaints from indigenous organizations
about flaws in the consultation mechanism established by decree No. 1320 of 1998.
D. Participation and empowerment
27. Participation and empowerment, two basic and interrelated principles of the human
rights-based approach to development, are particularly important for indigenous peoples, who
have been systematically excluded and marginalized from decision-making on matters affecting
them. Thus, the United Nations Declaration on the Rights of Indigenous Peoples recognizes their
right to “participate in decision-making in matters which would affect their rights, through
representatives chosen by themselves in accordance with their own procedures” (art. 18), as an
essential part of their right to self-determination. More specifically, article 23 of the Declaration
states that:
“Indigenous peoples have the right to determine and develop priorities and strategies
for exercising their right to development. In particular, indigenous peoples have the right to
be actively involved in developing and determining health, housing and other economic
and social programmes affecting them and, as far as possible, to administer such
programmes through their own institutions.”
28. There are many positive examples in which the participation of indigenous peoples has
contributed effectively to achieving development goals and at the same time helped reinforce the
institutional capacity of rights holders. In Argentina, the National Institute of Indigenous Affairs
(INAI) established the Council on Indigenous Participation (CPI), the aim of which is to promote
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