A/HRC//18/42
Annex
Expert Mechanism advice No. 2 (2011):
Indigenous peoples and the right to participate in decisionmaking
1.
Indigenous peoples are among the most excluded, marginalized and disadvantaged
sectors of society. This has had a negative impact on their ability to determine the direction
of their own societies, including in decision-making on matters that affect their rights and
interests. This can still be a major factor contributing to their disadvantaged position.
Decision-making rights and participation by indigenous peoples in decisions that affect
them is necessary to enable them to protect, inter alia, their cultures, including their
languages and their lands, territories and resources. In many cases, however, indigenous
peoples practised or continue to practise their own forms of governance.
2.
The right of indigenous peoples to participation is well established in international
law. More recently, the indigenous-rights discourse has seen increased focus on rights not
only allowing indigenous peoples to participate in decision-making processes affecting
them, but to actually control the outcome of such processes.
3.
This spectrum of rights is well illustrated by the Declaration on the Rights of
Indigenous Peoples, which contains more than 20 general provisions pertaining to
indigenous peoples and decision-making. These rights range from the right to selfdetermination encompassing a right to autonomy or self-government to rights to participate
and be actively involved in external decision-making processes. Other provisions establish
specific duties for States to ensure the participation of indigenous peoples in decisionmaking, inter alia, to obtain their free, prior and informed consent; to consult and cooperate
with indigenous peoples; and to take measures in conjunction with them.62
4.
As a normative expression of the existing international consensus regarding the
individual and collective human rights of indigenous peoples in a way which is coherent
with already existing international human rights standards, the Declaration on the Rights of
Indigenous Peoples provides a framework for action aiming at the full protection and
implementation of the rights of indigenous peoples, including their right to participate in
decision-making.
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