A/HRC//18/42
27.
Respect for indigenous peoples’ right to participate in decision making is essential
for achieving international solidarity and harmonious and cooperative relations. Consensus
is not a legitimate approach if its intention or effect is to undermine the human rights of
indigenous peoples. Where beneficial or necessary, alternative negotiation frameworks
should be considered, consistent with States’ obligations in the Charter of the United
Nations and other international human rights law.
28.
Free, prior and informed consent implies that States have a duty to obtain indigenous
peoples’ consent in relation to decisions that are of fundamental importance for their rights,
survival, dignity and well-being. States should ensure that consultations and negotiations
with indigenous peoples as required by article 18 of the Declaration on the Rights of
Indigenous Peoples and consistent with other human rights standards.
29.
States have a duty to respect indigenous peoples’ right to participate in all levels of
decision-making, including in external decision-making, if the indigenous peoples
concerned so choose and in the forms of their choosing, including, where appropriate, in
co-governance arrangements.
30.
States should respect and assist both traditional and contemporary forms of
indigenous peoples’ governance structures, including their collective decision-making
practices.
31.
States should enact and implement constitutional and other legal provisions that
ensure indigenous peoples’ participation in decision-making consistent with the Declaration
on the Rights of Indigenous Peoples, in particular where that is sought by affected
indigenous peoples.
32.
Indigenous women often face exceptional impediments to participation in decision-
making. States, international organizations, indigenous peoples and other decision-making
entities should therefore conduct more intensive studies and design appropriate mechanisms
to facilitate the participation of indigenous women in their activities and increase their
access to address difficulties facing indigenous women seeking to fully participate in
decision-making.
Likewise, the inclusion of indigenous youth in decision-making is
essential in both internal and external, including legislative, decision-making.
33.
States and relevant international and domestic organizations should ensure that
indigenous peoples have the financial and technical capacity to engage in consultation and
consent-seeking exercises and to participate in regional and international decision-making
processes.
34.
States should also recognize that the right to self-determination of indigenous
peoples constitutes a duty for States to obtain indigenous peoples’ free, prior and informed
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