Categories | Attributes | Indicator | Questions | Guidance | |
---|---|---|---|---|---|
Self-determination | |||||
Non-discrimination | Equal enjoyment of rights and freedoms by male and female indigenous individuals |
Disparities in the data concerning the achievement of the SDGs by indigenous women as compared to indigenous men and as compared to non-indigenous women
(I31) Outcome indicator
WCIP para. 17
| If disaggregated data exists, does the data show that indigenous women are lagging behind with regards to achieving the SDGs as compared to: Q22(LNS)
Response categories Indigenous men
Non-indigenous women Response options 1: Yes
2: No | This question monitors whether indigenous women enjoy rights and freedoms on an equal footing with indigenous men, and non-indigenous women, respectively. Art. 44 of UNDRIP stipulates that all the rights and freedoms contained in the UNDRIP are equally guaranteed to indigenous men and women. | |
Special measures to promote capacity building and strengthen leadership of indigenous women
(I128) Process indicator
WCIP para. 17
| Has the State developed policies and programs to promote capacitybuilding and strengthen leadership of indigenous women? Q23(LNS)
Response options 1: Yes
2: No | This question monitors whether the State has taken special measures to advance effective equality of indigenous women (promoting their role in decision-making). | |||
Full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms. |
Ratification of ICCPR; ICESCR, ICERD, CRC, CEDAW; fundamental ILO Conventions, ILO Conventions Nos. 107, 169, American Convention on Human Rights, African Charter on Human and Peoples
(I110) Structural indicator
WCIP para. 4
| Has the country ratified the following instruments? Q13(LNS)
Response categories International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR) Convention on the RIghts of the Child (CRC) International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) ILO Convention No. 169 (indigenous and tribal peoples) ILO Convention No. 107 (indigenous and tribal populations) ILO Convention No. 111 (discrimination) ILO Convention No. 138 (child labour) ILO Convention No. 182 (worst forms of child labour) ILO Convention No. 29 (forced labour) ILO Convention No. 105 (forced labour) American Convention on Human Rights African Charter on Human and Peoples' Rights Response options 1: Yes
2: No | This question assesses the structural recognition of human rights. | ||
Implementation of recommendations from the Universal Periodic Review, UN Treaties, UN Special Rapporteur on the Rights of Indigenous Peoples, the ILO supervisory bodies and regional human rights mechanisms concerning the situation of indigenous peoples
(I65) Outcome indicator
WCIP para. 4
| Has the State, since 2008, received specific comments/recommendations concerning indigenous peoples' rights from any of the following mechanisms/monitoring bodies? Q14(LNS)
Response categories The Universal Periodic Review
The Human Rights Committee The Committee on Economic, Social and Cultural Rights The Committee on the Elimination of Racial Discrimination The Committee on the Rights of the Child The Committee on the Elimination of Discrimination Against Women The UN Special Rapporteur on the RIghts of Indigenous Peoples The Inter-American Commission and/or Court of Human RIghts the African Commission on Human and Peoples Rights The ILO Supervisory Bodies Response options 1: Yes
2: No | This question assesses whether indigenous peoples enjoy all human rights and fundamental freedoms, as a collective or as individuals. | |||
If yes, please consider if the progress of implementation of recommendations from these bodies is: Q15(LNS)
Response categories The Universal Periodic Review
The Human Rights Committee The Committee on Economic, Social and Cultural Rights The Committee on the Elimination of Racial Discrimination The Committee on the Rights of the Child The Committee on the Elimination of Discrimination Against Women The UN Special Rapporteur on the RIghts of Indigenous Peoples The Inter-American Commission and/or Court of Human RIghts the African Commission on Human and Peoples Rights The ILO Supervisory Bodies Response options 1: None
2: Poor 3: On-going 4: Partially accomplished 5: Fully accomplished | This question is a follow-up to Question 14: If recommendations on indigenous peoples’ rights have been issued by international human rights monitoring mechanisms, please assess the progress in implementing the recommendations from each of the listed bodies: | ||||
Existence of laws that are in direct violation of indigenous peoples’ rights
(I53) Structural indicator
| Are there laws and policies, within the following thematic areas, that are in direct violation of indigenous peoples' rights: Q16(LNS)
Response categories Selfgovernment, autonomous institutions and customary law, consultation and free prior and informed consent
Cultural integrity, languages, cultural heritage, traditional knowledge and intellectual property Lands, territories and resources Participation in public life, citizenship Legal protection, access to justice and remedy Crossborder contacts Freedom of expression General economic and social development Education Health Employment, occupation and vocational training Response options 1: Yes
2: No | This question assesses whether indigenous peoples enjoy all human rights and fundamental freedoms, as a collective or as individuals. | |||
National action plans developed by States, in consultation and cooperation with indigenous peoples, to achieve the ends of the UNDRIP
(I111) Process indicator
WCIP para. 8
| Has the State developed a national action plan, strategies or other measures in consultation and cooperation with indigenous peoples, to achieve the ends of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)? Q17(LNS)
Response options 1: Yes
2: No | The question is based on a process indicator, assessing whether States have taken appropriate measures to achieve the ends of the UNDRIP. Furthermore, in the outcome document of the 2014 World Conference on Indigenous Peoples (para. 8), States have committed to "cooperating with indigenous peoples, through their own representative institutions, to develop and implement national action plans, strategies or other measures, where relevant, to achieve the ends of the Declaration." | |||
Initiatives to promote awareness of UNDRIP among members of legislatures, the judiciary and the civil service undertaken by States
(I101) Process indicator
WCIP para. 7
| Has the State developed initiatives to promote awareness of UNDRIP among members of legislatures, the judiciary and the civil service? Q19(LNS)
Response options 1: Yes
2: No | This question monitors whether states have taken appropriate measures to achieve the ends of the Declaration, as provided for in Art. 38 of UNDRIP. | |||
Indigenous peoples and individuals are equal to all other peoples and individuals in the exercise of their rights, in particular that based on their indigenous origin or identity |
Proportion of [indigenous] population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law
(I88) Outcome indicator
SDG Indicator: 16.b.1
| Approximately how many women have personally felt discriminated against or harassed within the last 12 months on the basis of one or more of the following grounds of discrimination: Q14(LCS)
Response categories Identity as an indigenous person (ethnicity)
Gender Age Income Response options 1: None
2: One out of five 3: Two out of five 4: Three out of five 5: Four out of five 6: Five out of five 7: No data available | To identify the amount of women in the community that have felt discriminated against, please ask the community women about any occasions and events where they experienced unwanted and annoying actions (including threats and demands), have been treated differently from others, or have been put in an unpleasant or hostile situation during the past 12 months, due to either their: | ||
Approximately how many men have personally felt discriminated against or harassed within the last 12 months on the basis of one or more of the following grounds of discrimination: Q15(LCS)
Response categories Identity as an indigenous person (ethnicity)
Gender Age Income Response options 1: None
2: One out of five 3: Two out of five 4: Three out of five 5: Four out of five 6: Five out of five 7: No data available | To identify the amount of men in the community that have felt discriminated against, please ask the community men about any occasions and events where they experienced unwanted and annoying actions (including threats and demands), have been treated differently from others, or have been put in an unpleasant or hostile situation during the past 12 months, due to either their: | ||||
Special measures within national action plans to promote and protect the rights of indigenous persons with disabilities and continue to improve their social and economic conditions
(I130) Process indicator
WCIP para. 9
| If the state has developed an action plan, strategies or other measures to achieve the ends of the UNDRIP, do these comprise special measures to promote and protect the rights of indigenous persons with disabilities, and to improve their social and economic conditions? Q18(LNS)
Response options 1: Yes
2: No | Indigenous peoples and individuals are equal to all other peoples and individuals in the exercise of their rights, in particular that based on their indigenous origin or identity. The question assesses whether States are taking proper steps to promote and protect the rights of indigenous persons with disabilities (the question is only relevant if the answer to Question 17 was ‘Yes’ – a national action plan has been developed). | |||
Proportion of sustainable development indicators produced at the national level with full disaggregation [including with regards to indigenous identity] when relevant to the target, in accordance with the Fundamental Principles of Official Statistics
(I104) Process indicator
SDG Indicator: 17.18.1
WCIP para. 19
| Does the State, in censuses and household surveys, collect disaggregated data to monitor the achievement of the SDGs by indigenous peoples and individuals? Q20(LNS)
Response options 1: Yes
2: No | This question assesses indigenous peoples’ enjoyment of the right to be equal to all other peoples and individuals in the exercise of their rights, in particular that based on their indigenous origin or identity. Recognition of indigenous identities, and visibility in the form of census data, is a fundamental aspect of enjoying this right. | |||
Disparities in the data concerning the achievement of the SDGs by indigenous peoples, as compared to other sectors of society
(I29) Outcome indicator
WCIP para. 17
| If disaggregated data exists, does the data show that indigenous peoples are lagging behind with regards to achieving the SDGs as compared to the total population? Q21(LNS)
Response options 1: Yes
2: No | This question measures disparities in the achievement of the SDGs by indigenous peoples, as compared to other sectors of society. | |||
Proportion of [indigenous] population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law
(I88) Outcome indicator
SDG Indicator: 16.b.1
| According to national surveys, what is the proportion of indigenous people reporting having personally felt discriminated against or harassed within the last 12 months on the basis of a ground of discrimination prohibited under international human rights law? Q24(LNS)
Response options 1: Proportion
2: No data available | Non-discrimination is a key principle of human rights law. Article 2 of UNDRIP reaffirms that indigenous peoples enjoy the same right as any other individual to be free from discrimination of any kind, including discrimination based on their indigenous origin and identity, but also other grounds of discrimination. International human rights law outlaws discrimination against population groups on the basis of specific characteristics or 'grounds'. The grounds of discrimination prohibited under international human rights law include ethnicity, sex, age, income, geographic location, disability, religion, migratory or displacement status, civil status, sexual orientation and gender identity. The indicator is aligned with SDG Indicator 10.3.1/16.b.1, wherefore data generated here can feed into national and international SDG monitoring – and indicate whether indigenous people report a higher incidence of discrimination than average populations. | |||
Self-determination | Respect for indigenous peoples' right to self-determination |
Recognition of indigenous peoples’ distinct identity in the constitution or national legislation based on self-identification
(I32) Structural indicator
| Does the state recognise the peoples covered in this survey as distinct peoples with collective rights? Q16(LCS)
Response categories People 1
People 2 People 3 People 4 Response options 1: Yes
2: No | Please select 'yes' or 'no'. | |
The collective rights of indigenous peoples to self-determination, i.e. to freely determine their political status and freely pursue their economic, social and cultural development is recognized in the constitution or other forms of superior law
(I144) Structural indicator
| Does the Constitution or national legislation recognise indigenous peoples' right to self-determination, i.e. to freely determine their political status and freely pursue their economic, social and cultural development? Q25(LNS)
Response options 1: Yes
2: No | Indigenous peoples' right to self-determination is recognized in two paragraphs of the preamble, as well as in Article 3 of the UNDRIP: "Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." | |||
Recognition of indigenous peoples’ distinct identity in the constitution or national legislation based on self-identification
(I32) Structural indicator
| Does national legislation recognise indigenous peoples as distinct peoples with collective rights? Q26(LNS)
Response options 1: Yes
2: No | This question too assesses the recognition of indigenous peoples’ right to self-determination, in the sense that the right to self-identify as belonging to an indigenous people is an important aspect of self-determination. | |||
Autonomous institutions | Recognition and development of distinct political, legal, economic, social and cultural institutions. Ways and means for financing the functions of self-government institutions |
Existence of indigenous peoples' self-governing institutions
(I51) Outcome indicator
| Does your people/community have its own institutions and authorities (such as councils, headmen, chiefs, village committees, etc.)? Q17(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | For this question, respondents should indicate to which degree they are able to maintain their own institutions and authorities. These indigenous institutions and authorities can have many different forms and structures and do not have to be formalized in a particular way. Indigenous institutions and authorities can, for example, be headmen, traditional chiefs, village councils, federation of villages, indigenous parliaments and self-government institutions etc. | |
Recognition of indigenous peoples’ self-governing institutions and territories in the political-administrative structure of the State
(I12) Structural indicator
| Are your indigenous institutions/authorities officially recognised by the State? Q19(LCS)
Response options 1: Yes
2: No | If indigenous institutions and authorities arerecognised by the State, this means that these institutions are given a certain amount of freedom and independence to govern either a geographic area or group of peoples. Usually, if this is the case, local or district government authorities cooperate in some way or the other with your indigenous leaders. If your institutions are recognized by the state, please provide further information about the specific functions that are recognized by the state authorities; how your institutions cooperate with state authorities; what the legal basis of the recognition is, etc. | |||
If yes, describe how your authorities/institutions are reflected in the political/administrative structure of the State (e.g. how do they relate to local and central government institutions)? Q20(LCS) | Please describe how your indigenous authorities/institutions interact with the local and central government. For example, are your village institutions recognised as part of the governance structure of the country? Are your self-governing institutions regularly consulted on local or national development plans? Does your traditional leaders have a seat in local government institutions? | ||||
Issues concerning planning of local development projects are handled by indigenous peoples’ autonomous institutions
(I105) Outcome indicator
WCIP para. 11
| Do your indigenous institutions/authorities make their own development plans (for example for water and sanitation, road infrastructure, electrification)? Q21(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Indicate to what extent your indigenous institutions and authorities create their own development plans, rather than plans made by outside institutions. The important factor is whether the institutions and authorities in control of development initiatives are those selected by and representing the indigenous people/community, or whether development is controlled or imposed by people from outside. | |||
Allocation of public funds (from central/local government) to indigenous peoples’ self-government institutions
(I14) Process indicator
| Do your indigenous institutions/authorities receive public funds in support of their own development plans? Q22(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Do local government bodies support any initiatives carried out by your indigenous institutions financially? | |||
Issues concerning land and resource use are handled by indigenous peoples’ autonomous institutions
(I3) Outcome indicator
WCIP para. 19
| Do your indigenous institutions/authorities manage issues relating to lands, territories and resources? Q23(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Please indicate to what extent your indigenous institutions have decision-making power over Issues concerning lands, territories and resources. | |||
Health programs are handled by indigenous peoples’ autonomous institutions
(I4) Outcome indicator
WCIP para. 11
| Do your indigenous institutions/authorities manage health programmes or institutions? Q24(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Please indicate to what extent your indigenous institutions manage health programmes or institutions | |||
Education programs are handled by indigenous peoples’ autonomous institutions (I43) Outcome indicator
WCIP para. 11
| Do your indigenous institutions/authorities manage education programmes or institutions? Q25(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Please indicate to what extent your indigenous institutions manage education programmes or institutions | |||
Recognition of indigenous peoples’ self-governing institutions and territories in the political-administrative structure of the State
(I12) Structural indicator
| Are indigenous peoples’ self-governing institutions and territories recognised in the politicaladministrative structure of the State? Q28(LNS)
Response options 1: Yes
2: No | This question monitors whether indigenous peoples’ own, distinct governance institutions are recognized in the state’s institutional set-up. The question is key to assess whether the political-administrative structure provides for and enables self-government in practice. | |||
State special measures to strengthen capacity of indigenous peoples’ representative institutions
(I70) Process indicator
| Has the State adopted special measures to strengthen the capacity of indigenous peoples’ representative institutions? Q29(LNS)
Response options 1: Yes
2: No | Article 18 of the UNDRIP stipulates that indigenous peoples have the right to maintain and develop their representative institutions. This question monitors whether the state has put in place the necessary processes to enable that. | |||
Education programs are handled by indigenous peoples’ autonomous institutions (I43) Outcome indicator
WCIP para. 11
| Do indigenous peoples manage their own educational institutions at the following levels: Q84(LNS)
Response categories Primary education
Secondary education Tertiary (higher) education Response options 1: Yes
2: No | This question monitors the availability of and access to culturally and linguistically appropriate education for indigenous peoples. In particular, it assesses the implementation of Article 14 (1) of UNDRIP, which stipulates that “Indigenous peoples have the right to establish and control their educational systems and institutions [...]". | |||
Self-determination with regards to membership and responsibilities of members of indigenous communities and institutions |
Membership of indigenous communities and responsibilities of the members are determined by indigenous peoples’ autonomous institutions
(I109) Outcome indicator
| Are your institutions and authorities freely chosen or validated by your people/community? Q18(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Respondents should indicate to which degree the community itself is deciding about the structure and leadership of their indigenous institutions. | ||
Do your indigenous institutions/authorities freely determine who are and who are not members of the concerned people or community? Q26(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Please indicate to what extent your indigenous institutions/authorities determine who are and who are not members of your people or community. | ||||
Self-government in internal and local affairs. |
Recognition of indigenous peoples’ right to self-government in national legislation
(I60) Structural indicator
| Does national legislation recognise indigenous peoples’ right to selfgovernment in internal and local affairs? Q27(LNS)
Response options 1: Yes
2: No | The right to self-government in internal and local affairs is enshrined in article 4 of UNDRIP. In essence, it means the right of indigenous peoples to govern their own affairs without external influence. It can be exercised within territorial boundaries, or based on a socio-political or ethnic constituency. An example of territorial self-government is Greenland's self-government arrangement, which entered into force in 2009, as per the Act on Greenland Self-Government. The Sami parliaments in Norway, Sweden and Finland are examples of self-government tied to an ethnic constituency. | ||
Customary law | Customary law practiced in accordance with internationally recognized human rights standards, including provisions for gender equality and the rights of the child |
Disputes within indigenous communities are handled and resolved by indigenous peoples’ customary law institutions
(I35) Outcome indicator
| To what extent do your customary law institutions/authorities handle the following situations: Q27(LCS)
Response categories Disputes within your indigenous community
Disputes with other indigenous communities Disputes with other nonindigenous communities Disputes with non community members Domestic violence Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Here you are asked to assess to what extent indigenous customary law institutions handle a range of different situations. Together, the responses to these questions will give a good indication of the scope of influence of customary law institutions and authorities in this community. | |
Disputes between indigenous communities and individuals and non-community members are handled and resolved by indigenous peoples’ customary law institutions
(I33) Outcome indicator
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Domestic violence is addressed by customary law institutions
(I41) Outcome indicator
WCIP para. 18
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Disputes within indigenous communities are handled and resolved by indigenous peoples’ customary law institutions
(I35) Outcome indicator
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Disputes between indigenous communities and individuals and non-community members are handled and resolved by indigenous peoples’ customary law institutions
(I33) Outcome indicator
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Domestic violence is addressed by customary law institutions
(I41) Outcome indicator
WCIP para. 18
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Disputes within indigenous communities are handled and resolved by indigenous peoples’ customary law institutions
(I35) Outcome indicator
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Disputes between indigenous communities and individuals and non-community members are handled and resolved by indigenous peoples’ customary law institutions
(I33) Outcome indicator
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Domestic violence is addressed by customary law institutions
(I41) Outcome indicator
WCIP para. 18
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Training programs for customary law authorities on international human rights standards
(I151) Process indicator
| Has the State provided awareness-raising, capacity-building or training programmes on international human rights standards for your indigenous authorities or institutions? Q28(LCS)
Response options 1: Yes
2: No | This is a simple yes/no question to indicate whether your indigenous authorities or institutions have received training or capacity-building by the State on international human rights standards. If they have, please provide additional information, as possible, about the content of the training, who conducted it, etc. | |||
The jurisdiction of customary law institutions is recognized in the constitution or other forms of superior law or domestic law(s).
(I40) Structural indicator
WCIP para. 16
| Is the jurisdiction of customary law institutions recognised in the Constitution or national legislation? Q30(LNS)
Response options 1: Yes
2: No | Article 24 of the UNDRIP enshrines indigenous peoples’ right to “promote, develop and maintain their (…) juridical systems or customs, in accordance with international human rights standards”. Implementation of this right requires recognition of the jurisdiction of customary law institutions. | |||
Training programs for customary law authorities on international human rights standards
(I151) Process indicator
| Has the State developed awareness-raising, capacity-building or training programs on international human rights standards for indigenous peoples' authorities or institutions? Q31(LNS)
Response options 1: Yes
2: No | Recognition of indigenous peoples' customary law is tied to its conforming with international human rights standards. According to UNDRIP article 34, indigenous peoples have the right to “promote, develop and maintain their (…) juridical systems or customs, in accordance with international human rights standards.” The question thus monitors whether States have put in place processes to enable indigenous peoples’ customary authorities or institutions to align their practices with international human rights standards. | |||
Conflicts between cultural, spiritual and religious traditions, customs and ceremonies and international human rights standards
(I6) Outcome indicator
| Are any of your cultural, spiritual and religious traditions, customs or ceremonies considered in conflict with internationally recognised human rights? Q36(LCS)
Response options 1: Yes
2: No | This is a simple yes/no question to indicate whether any of your traditions, customs or ceremonies are considered to be in conflict with human rights standards If you answer yes, please provide additional information as possible. | |||
Consultation and free, prior and informed consent | State consultation in good faith through, indigenous peoples' representative institutions, in order to obtain their free, prior and informed consent before adopting or implementing legislative or administrative measures that may affect them and prior to a |
Consultations with indigenous peoples’ autonomous institutions before approval of measures and projects that may affect you
(I19) Outcome indicator
WCIP para. 3
| Do local or central government institutions ensure that adequate consultations are undertaken with your community/ties before approval of projects or other measures that may affect you? Q29(LCS)
Response categories Central government
Local government Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully 6: Not applicable | You are given five response options here, and will have to assess which option best reflect the situation of you people/community: | |
Free, prior and informed consent of indigenous peoples’ autonomous institutions before approval of measures that may affect them
(I59) Outcome indicator
WCIP para. 3
| Do local or central government institutions obtain the free, prior and informed consent of your community/ties before they approve projects or other measures that affect you? Q30(LCS)
Response categories Central government
Local government Response options 1: Never
2: Rarely 3: Some times 4: Mostly 5: Always 6: Not applicable | Here you have to assess to what extent local and central government is obtaining the free, prior and informed consent (FPIC) of your community or people before they make final decisions or move ahead with a given project or initiative. In many cases, governments fail to consult altogether and therefore there is no prospect of obtaining the FPIC of the concerned people or community. In other cases, the government undertakes consultations but proceeds with the proposed project or initiative even if the concerned indigenous people or community does not give their consent. In the best cases the government only moves ahead with a given project and measure after obtaining the FPIC of the people or community. | |||
Social, spiritual, cultural and environmental impact assessments are undertaken prior to approval of projects that may affect indigenous peoples’ lands, territories or resources, with the participation of indigenous peoples’ representative institutions
(I126) Process indicator
WCIP para. 35
| Do local or central government institutions ensure that your institutions/authorities participate in impact assessments of projects that may affect your lands, territories or resources? Q31(LCS)
Response categories Central government
Local government Response options 1: Never
2: Rarely 3: Some times 4: Mostly 5: Always 6: Not applicable | You are given five response options here, and will have to assess which option best reflects the situation of your people/community: | |||
Recognition of the state duty to consult with indigenous peoples before adopting or implementing legislative or administrative measures that may affect them and prior to approval of any project that affects their lands, territories and resources in national legislation
(I120) Structural indicator
WCIP para. 3
| Does national legislation recognise the state's duty to consult with indigenous peoples in order to obtain their free, prior and informed consent before adopting or implementing national legislative or administrative measures that may affect them? Q32(LNS)
Response options 1: Yes
2: No | This question monitors the state’s recognition of its duty to consult indigenous peoples prior to the adoption of legislative and administrative measures which are likely to affect them directly, as provided for in article 19 of UNDRIP. | |||
Does national legislation recognise the state's duty to consult with indigenous peoples in order to obtain their free, prior and informed consent prior to approval of any project that may affect their lands, territories or resources? Q33(LNS)
Response options 1: Yes
2: No | The State has a duty to consult indigenous peoples wherever their lands and territories are affected by development, exploitation or use of natural resources found therein, according to article 32.2 of UNDRIP. These provisions apply not only to the actual exploitation of resources such as minerals and water, but also to the exploration phase. Indigenous peoples must be informed, consulted and participate from the very outset of a planned intervention, including before concessions or licenses are granted to operators. This question monitors whether national legislation reflects this duty. | ||||
Procedures or mechanisms for State consultation with indigenous peoples at national, sub-national and local levels
(I24) Process indicator
WCIP para. 3
| Has the State developed operational procedures or mechanisms for consultation with indigenous peoples at the following levels? Q34(LNS)
Response categories National level
Subnational (provincial/state) level Local level Response options 1: Yes
2: No | The requirement for undertaking consultations with indigenous peoples enshrined in articles 19 and 32(2) of UNDRIP implies the establishment of institutionalized mechanisms for regular and broad consultation, as well as consultation mechanisms at other administrative levels, ensuring that consultations can take place at the appropriate level. This question monitors whether operational mechanisms and processes have been put in place for consultations at the local, sub-national/regional/provincial, and national levels respectively. | |||
Social, spiritual, cultural and environmental impact assessments are undertaken prior to approval of projects that may affect indigenous peoples’ lands, territories or resources, with the participation of indigenous peoples’ representative institutions
(I126) Process indicator
WCIP para. 35
| Does the State ensure that social, spiritual, cultural and environmental impact assessments are undertaken prior to approval of projects that may affect indigenous peoples’ lands, territories or resources, with the participation of indigenous peoples’ representative institutions? Q48(LNS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Like Question 47, this question assesses whether conservation of natural resources on indigenous peoples’ traditional territories respect indigenous peoples’ right to conserve and protect the environment on their own terms. Here, the indicator is indigenous peoples’ participation in impact assessments trough their representative institutions. Importantly, adequate impact assessments are defined in the indicator as encompassing social, spiritual and cultural aspects, in order to capture the UNDRIP’s recognition of indigenous peoples’ complex relationship with their lands, territories and resources. | |||