A/HRC/48/75 I. Introduction 1. At its intersessional meeting held in Pretoria in 2019, the Expert Mechanism on the Rights of Indigenous Peoples decided to prepare a report on the right to self-determination. For that purpose, an expert seminar, hosted by the Centre for Human Rights Research of the University of Manitoba and the Expert Mechanism, was held virtually on 4 and 5 February 2021.1 The present report has been informed by the seminar and submissions received from indigenous peoples, States, national human rights institutions and civil society.2 2. The present report builds upon other United Nations studies and reports on selfdetermination and should be read in conjunction with other reports of the Expert Mechanism, in particular its reports on the right to participate in decision-making, recognition, reparation and reconciliation, land rights and free, prior and informed consent, in which it expounded on the right to self-determination as the fundamental norm upon which indigenous rights are grounded.3 As expressed by the Special Rapporteur on the rights of indigenous peoples, the right of self-determination is a foundational right, without which indigenous peoples’ human rights, both collective and individual, cannot be fully enjoyed. 4 The present report is focused on the development of the right to self-determination since the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007. II. History of self-determination 3. Indigenous peoples around the world invoke the right to self-determination as the normative basis of their relationship with the State. That has been influenced by the development of international human rights law and, eventually, indigenous peoples’ participation in the United Nations system. The right to self-determination is recognized in the Charter of the United Nations and in common article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” 4. Decolonization marked a change in the way self-determination was characterized by States and by international law, 5 and the decolonization movement was inspirational for many indigenous leaders, many of whom also did not distinguish their situation from one of colonization.6 5. The adoption of the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations in 1970 was a pivotal moment in the development of the right to selfdetermination beyond the decolonization context. 7 The Declaration also included a disclaimer against any action that would compromise the territorial integrity of the State: “Nothing in the foregoing paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples as described above and thus possessed of a government representing the whole people belonging to the territory without distinction as to race, creed or colour.”8 That signalled a shift of self-determination beyond 1 2 3 4 5 6 7 8 2 Presentations and statements made at the expert seminar will be posted on the webpage of the Expert Mechanism. Submissions received for the present report will be posted on the webpage of the Expert Mechanism. A/HRC/18/42; A/HRC/21/53; A/HRC/39/62; and A/HRC/45/38. A/HRC/12/34, para. 41. General Assembly resolutions 1514 (XV) and 1541 (XV). Marc Weller, chapter 5, “Self-determination of indigenous peoples: articles 3, 4, 5, 18, 23 and 46 (1)”, in The UN Declaration on the Rights of Indigenous Peoples: A Commentary, Jessie Hohmann and Marc Weller, eds. (Oxford, Oxford University Press, 2018). General Assembly resolution 2625 (XXV). Ibid.