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

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