A/HRC/48/75
matters internal to Greenland, whereas the Danish authorities still control defence and foreign
policy, among other matters. The Sami peoples have parliamentary structures across three
countries (Finland, Norway and Sweden), the fact of which grants them the right to cultural
and political self-determination on their traditional lands, of which they have usufruct as
opposed to ownership rights, and decision-making authority, as well as the right to
consultation.40 However, the Sami Council has indicated that those parliaments lack Staterecognized decision-making powers in matters pertaining to the use of lands, waters and
natural resources.41
21.
In the United States of America, over 500 federally recognized tribes retain
jurisdiction over their own territories, to a significant extent. They have clear jurisdiction to
determine their own membership, government and justice system and over their own internal
affairs. Tribal governments generally maintain judicial and regulatory jurisdiction over their
lands. While the federal and state governments often assert authority in indigenous territories,
especially in criminal law, the trend is to restore tribal governance, as in the Tribal Law and
Order Act of 2010 and the Supreme Court’s decision in McGirt v. Oklahoma. More broadly,
tribes in the United States are working to reclaim their own laws, customs and traditions and
to implement the Declaration through tribal institutions, such as the Navajo Nation Human
Rights Commission and Muscogee (Creek) National Council. 42 In Alaska, United States,
there are several examples of extraordinary expression of the right of self-determination in
the management of resources central to Inuit food security, including through the Alaska
Eskimo Whaling Commission. Those activities involve collaboration with the federal
Government and internationally with the International Whaling Commission. 43
22.
Some indigenous peoples have high levels of autonomy in their regions. In the
Plurinational State of Bolivia, the Guaraní are successfully exercising their selfdetermination on portions of their territories in an indigenous native peasant autonomy
model, as provided for in the domestic legal framework. Difficulties in implementation have
arisen due to the diversity of non-Guaraní communities under their management and control,
and the adaptation of the current governmental structure to the Guaraní system of collective
decision-making. 44 In Colombia, the Emberá Cristianía indigenous reserve has been
exercising administrative, legislative, judicial and political autonomy over portions of its
ancestral lands for over 40 years, albeit not without challenges. Today, indigenous
communities in Colombia are particularly concerned about the lack of implementation of the
“ethnic chapter” of the peace agreement, which should have allowed communities to
establish their own justice systems to deal with the consequences of the armed conflict.45 The
indigenous Comarca of Guna Yala in Panama have enjoyed a high level of autonomy and
self-government since 1938, including collective land rights, election of their own authorities
and control over their internal affairs and over non-renewable natural resources.46 One of the
hallmarks of Guna Yala is the prominent role of women in the local economy and the political
sphere. Women have in the past served as community chiefs, and each community is required
to include a woman in its delegation to the Guna General Congress, their highest authority.
The Guna also recently elected a woman to represent them for the first time in the National
Assembly of Panama in 2019. 47 In Peru, the Autonomous Territorial Government of the
Wampis Nation was self-declared in 2015, after the adoption of its statute of autonomy. The
Wampis wish to enter into dialogue with the State for the recognition of their authorities
within the State.48 In the United States, the Onondaga Nation, based within New York State,
has its own system of government, does not accept funding from the Federal Government
40
41
42
43
44
45
46
47
48
See A/HRC/45/38.
Submission from the Sami Council.
See https://un-declaration.narf.org/wp-content/uploads/Tribal-Implementation-Toolkit-DigitalEdition.pdf.
Submission from the Inuit Circumpolar Council.
See A/74/49.
See E/C.19/2018/7; and
www.iwgia.org/images/documents/Recommendations/Autonomi_report_UK.pdf.
See A/HRC/27/52/Add.1.
See www.ohchr.org/EN/Issues/IPeoples/Pages/E-learningIP.aspx.
See A/74/49.
7