A/HRC/48/75 when it comes to voting in elections or standing for election is often limited. Sometimes, that is due to direct and indirect barriers that limit their electoral eligibility to either vote in an election or stand for election. In Australia, electoral disqualifications, such as “unsound mind” or “persons serving a lengthy term of imprisonment”, apply to every citizen equally, but disproportionately affect Aboriginal and Torres Strait Islander peoples. 91 42. In New Mexico, United States, there are a good number of indigenous representatives who serve in the state legislature and have positive participation. In addition, there is more and more accountability to the large indigenous communities by non-indigenous peoples.92 However, in some State legislatures in the African region, there is the perception that indigenous representatives are assimilated into mainstream politics. 93 In the Russian Federation, in Khanty-Mansi Autonomous Okrug – Ugra, there are representatives of three small numbered indigenous peoples, totalling 31,000 people, or 2 per cent of the total population. 94 In the United States, in 2018, the first indigenous women were elected to Congress. IX. Recognition by States of indigenous self-determination 43. The way in which the self-determination of indigenous peoples is recognized by the State plays a significant role in its realization, and such recognition differs greatly between States, regions and indigenous peoples. Mechanisms that support the domestic implementation of the right to self-determination, including constitutional recognition, treaties, legislation on political participation, consultation and free, prior and informed consent are crucial indicators of the stage of indigenous peoples’ self-determination. Some States recognize that indigenous peoples, and not the Government, whose role should be a supportive one, should dictate how self-determination is exercised.95 That view is shared by indigenous peoples who warn against State-imposed models of self-determination and speak to the tendency of indigenous governance structures to take on a corporate form within a Western regulatory framework. 44. Few constitutions, other than those of the Plurinational State of Bolivia (2009) and Mexico (2001), expressly recognize self-determination. Others tend to focus on autonomy, rather than full self-determination, such as the constitutions of Canada (1982), Colombia (1991), Ecuador (with respect to indigenous peoples in voluntary isolation, 1998 and 2008), Nicaragua (1987) and Panama (1938).96 The Constitution of the Russian Federation includes a recognition of local self-government as a constitutional right that is not limited to indigenous peoples. Issues relating to the protection of the rights of “small numbered indigenous peoples” fall under the joint jurisdiction of the Federation and the autonomous regions.97 The Constitution of Australia does not recognize indigenous peoples, and that has meant that recognition of indigenous governance by the State has been very limited. 98 A proposal to rectify that, the Uluru Statement from the Heart, followed the Referendum Council appointed by the Prime Minister of Australia, jointly with the leader of the opposition party. The Council recommended that the Government establish a constitutionally enshrined indigenous “voice” to Parliament so that Aboriginal and Torres Strait Islander peoples would have a voice and political presence in law and policymaking processes. Enshrinement in the Constitution would give it the force of law and authority of the Constitution, rather than 91 92 93 94 95 96 97 98 Presentation made by Dani Larkin at the expert seminar convened by the Expert Mechanism in February 2021. Presentation made by June Lorenzo at the expert seminar convened by the Expert Mechanism in February 2021. Presentation made by Lounes Belkacem at the expert seminar convened by the Expert Mechanism in February 2021. Submission from the Russian Federation. Submission from New Zealand. Submission from the International Work Group for Indigenous Affairs; and Marc Weller, chapter 5, “Self-determination of indigenous peoples”. Submission from the Russian Federation. Presentation made by Megan Davis at the expert seminar convened by the Expert Mechanism in February 2021. 13