A/HRC/48/75
66.
Self-determination is a broad concept and an ongoing process that can only be
fully realized through the implementation of the full panoply of rights, notably, the
rights to land, territories and resources, political participation, consultation and free,
prior and informed consent and cultural rights.
67.
States should recognize the land, participation and consultation rights of
indigenous peoples, as set out in the report of the Expert Mechanism. 138 They should
harmonize legislation to make it consistent with the right to self-determination of
indigenous peoples and their right to their land, territory and resources, including laws
on development projects, demarcation and agrarian reform. The protection of the
rights of peoples in voluntary isolation and initial contact should be included.
68.
States should respect indigenous peoples’ right to define their own development.
As the Expert Mechanism advised in its report on free, prior and informed consent,
States and the private sector should promote, support and respect indigenous peoples’
own protocols, as an essential means of preparing the State, third parties and
indigenous peoples to enter into consultation and cooperation and for the smooth
running of the consultations.139
69.
States should implement with indigenous peoples their treaties, their agreements
and constructive arrangements in a context of self-determination, and, in situations of
shared sovereignty, States should trust indigenous peoples to govern and make sound
decisions.
70.
States should support the effective participation, political and otherwise, of
indigenous peoples in the overall functioning of the State. That can be achieved through
a constitutionally recognized indigenous role and through a duty to consult and
cooperate with the indigenous peoples concerned.
71.
States should promote the practice of traditional sports among indigenous
peoples, ensuring that indigenous peoples themselves preserve their sports through the
maintenance of control by and access to indigenous peoples and non-interference by the
State.
72.
States should establish national action plans for implementing the Declaration
and ensure that such plans are grounded in the right of indigenous peoples to selfdetermination.
73.
Indigenous peoples are encouraged to develop indigenous-led initiatives to
define, revitalize and strengthen their self-determination, and States should support
such initiatives, in order to understand, respect and enable the exercise of selfdetermination by indigenous peoples.
74.
States should ensure the effective involvement of indigenous peoples in
international forums, including in non-indigenous-specific bodies, such as the United
Nations human rights treaty bodies. Indigenous peoples should be encouraged to
participate actively in regional and international standard-setting bodies to litigate on
the right to self-determination in order to contribute to the ongoing development of
international human rights law. States should establish a process, with the equal
participation of States and indigenous peoples, to consider ways to enhance the
participation of indigenous peoples in the work of the Human Rights Council.
75.
States, in conjunction with indigenous peoples, should promote and support the
ongoing development, use and maintenance of indigenous languages, including through
formal education systems. In particular, it is essential to safeguard indigenous peoples’
identities and cultures. At the international level, States should actively support the
International Decade of Indigenous Languages, 2022–2032, through financial
contributions and other means.
76.
Without prejudice to the ongoing consultative process referred to in General
Assembly resolution 71/321, aimed at enhancing the participation of the representatives
138
139
See A/HRC/18/42; A/HRC/21/53; A/HRC/39/62; and A/HRC/45/38.
See A/HRC/39/62.
19