A/HRC/48/75
Government granted special autonomy in October 2001. On 12 June 2021, the Papuan
People’s Assembly met with the coordinating minister for political, legal and security affairs
to submit input on the draft special autonomy law.83 Even self-determination processes under
the decolonization process are not necessarily smooth. As New Caledonia goes through a
process of decolonization from France, negotiated with indigenous peoples, there have been
ongoing debates about the right to vote of the Kanak people, self-determination and
indigeneity. Under the Nouméa Accord, the third of three referendums will most likely be
held in 2022.
38.
While the path to self-determination is often difficult, the realization of indigenous
people’s human right to self-determination has demonstrable links to improved outcomes for
indigenous peoples. In assessing the impact of COVID-19 on indigenous peoples, the Expert
Mechanism observed that there was a correlation between how well indigenous peoples were
faring during the pandemic and their ability to exercise their right to self-determination: the
closer a State was to achieving the ends of the Declaration, the better indigenous peoples
would fare.84 Early impact assessments have reported improvements in youth development
and adult empowerment, with a significant return on investment in terms of impact on the
justice system and a broader social and economic impact for the community. 85
39.
There is a direct link between self-determination and indigenous peoples’ rights over
their own lands and resources. Indigenous peoples with recognized land and resource rights
and peoples with treaties, agreements or other constructive arrangements with States have
had greater success in conducting beneficial relations with private sector natural resource
companies on the basis of free, prior and informed consent than have peoples without
recognized rights.86 The Harvard Project on American Indian Economic Development has
concluded “that when Native nations make their own decisions about what development
approaches to take, they consistently outperform external decision-makers” in areas such as
governmental form, natural resources management, economic development, health care and
social services.87
40.
Some indigenous peoples see the denial of their right to self-determination, frequently
through lack of respect for treaty and other relationships, as a root cause of atrocities, such
as residential schools, murdered and missing indigenous women and girls or stolen children,
as well as the negative impacts on health, economic and social well-being and justice. Some
suggest that lasting peace cannot be secured without the realization of self-determination and
suggest increased self-determination as a means of moving towards achieving Sustainable
Development Goal 16, with the objective of promoting inclusive and peaceful societies and
reducing inequalities.88 Others point to the need to respect the right to self-determination as
a crucial step towards reconciliation.89
VIII. Citizenship and political participation
41.
Indigenous citizenship, which includes citizenship of their own people and citizenship
of the nation State, and political participation have been described as an offshoot of
exercising self-determination rights by indigenous people. Citizenship is exercised through
the guarantee of the right to participation. 90 Different indigenous peoples have different
approaches to indigenous citizenship: for some, they are citizens first of their nation or people
and of the State second, whereas others only identify with the dominant group in a limited
way. In some countries, the only way that indigenous peoples can express themselves
politically is through political engagement. However, the engagement of indigenous peoples
83
84
85
86
87
88
89
90
12
Statement made by Indonesia at the fourteenth session of the Expert Mechanism.
See A/HRC/46/72; and submission from Alianz Ecuador.
See www.justreinvest.org.au/wp-content/uploads/2018/11/Maranguka-Justice-Reinvestment-ProjectKPMG-Impact-Assessment-FINAL-REPORT.pdf; and A/73/176.
See E/CN.4/Sub.2/AC.4/2002/3.
See A/69/267.
Submission from the Unrepresented Nations and Peoples Organization; see also A/73/176.
Submission from the Canadian Coalition.
Submission from Ecuador.