A/HRC/48/75
for hundreds of years. However, in recent years, the State has been criticized for using those
festivals to attract tourists, without sharing the benefits with the Khmer Krom. 136 The Mato
Grosso Declaration, adopted at the Second International Sports Congress, held in Cuiabá,
Brazil, from 9 to 16 November 2013, the Congress called upon States and Governments to
join indigenous peoples in partnership and mutual respect in implementing their right to selfdetermination through sports and traditional games, as well as the manifestations of their
traditional knowledge and cultural expressions.137
XI. Conclusions and recommendations
61.
The recognition of indigenous peoples’ collective right to self-determination in
the Declaration cannot be underestimated. Indigenous people’s status as “peoples”
enables them to speak of their issues beyond the borders of the State, at international
forums. That external aspect of self-determination, although it extends beyond borders,
does not affect the territorial integrity of the State. States should support the
participation of indigenous peoples in such forums and ensure their protection from
possible reprisals.
62.
Self-determination is a foundational right, without which other political, civil,
economic, social and cultural rights are meaningless. Self-determination relates to
indigenous peoples’ right to decide on their own political future, within their own
institutions, to take part in the political life of the State and to direct their political,
economic, social and cultural development. Some of the information received however
relates to self-determination efforts being imposed by States, rather than being at the
initiative and direction of indigenous peoples – and sometimes without their
participation.
63.
There is a direct correlation between the extent of recognition of indigenous
peoples as indigenous peoples by States and the extent to which States respect, protect
and fulfil indigenous peoples’ right to self-determination. The greater the level of
recognition, the more profound implementation of the right. That is clear at the regional
level, where there are huge disparities in the implementation of that right. In some
States, the recognition of indigenous peoples has facilitated their own, sometimes
advanced, systems of governance, free, prior and informed consent, indigenous-led
protocols and control and demarcation of their lands. In other States, there has been
limited discourse on the implementation of that right, with it often being seen as a threat
to the territorial integrity of the State and development, rather than as a way forward.
64.
States should recognize indigenous peoples as indigenous peoples and their
concomitant right to self-determination, preferably through a constitutional
framework and in an exercise of effective participation and indigenous consultation
carried out in accordance with the Declaration. States should adapt to the needs of each
particular community, given that each one is very different and contemplating different
forms of self-determination. They should build the political will within the State to
acknowledge and affirm indigenous peoples’ right to self-determination.
65.
Self-government and autonomy are important constituent elements of the right
to self-determination for indigenous peoples and have been a significant gain for
indigenous peoples that have realized them. States should recognize in legislation
indigenous peoples’ own legal systems and institutions, normative and legal practices
(customs and traditions) and autonomous and governmental systems and provide
adequate funding and resources to support indigenous peoples in their pursuit of selfdetermination. Indigenous peoples should develop the competencies within their own
communities on legislative, executive and judicial functions.
136
137
18
Submission from the Khmers Kampuchea-Krom Federation. The Khmer Krom are recognized by the
State as an ethnic minority group but, according to the submission, self-identify as indigenous
peoples.
See A/HRC/30/53.