Article 2 Elimination of Racial Discrimination 30. For §§28-29, the NHRC recommends: (1) The NHRC reminds the government of the importance of protecting the rights and interests of indigenous groups by establishing subordinate laws under the Indigenous Peoples Basic Law and implementing concrete policies. It is crucial to design a decision-making system for indigenous peoples that is based on the relevant human rights standards. The system should include a fair and just mechanism that respects traditional ways of selecting representatives, and thereby promotes the participation of indigenous communities in the decision-making process for laws and policies that may affect them. (2) The design of the current regulations regarding the threshold for convening meetings and participating in decision-making over community matters is based on household registration. The NHRC believes such a basis is in conflict with indigenous traditions and fails to take into account fluctuations in the community population due to education, marriage, employment, elections, and temporary residence, among other factors. By requiring indigenous peoples to form organizations and make decisions in ways acceptable to the government, the government is in effect intervening in and undermining their traditions, which is neither justifiable nor reasonable. The government should promptly review the current mechanisms for consultation and participation based on the spirit of General Recommendation No. 23, the ICCPR & ICESCR, and the UNDRIP to ensure that the indigenous peoples are able to select representatives in accordance with their own traditional customs, culture, and decisionmaking systems, and that they have the right to maintain and develop their own decision-making systems. 25

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