A/HRC/51/50 11. International human rights law has developed norms relevant to indigenous peoples to reverse the historical discrimination against them under international law. 16 The adoption of the Declaration has strengthened the internationalization of indigenous peoples’ issues, not only because it is the most comprehensive international instrument on the rights of indigenous peoples but also as a result of the 20-year negotiation process on its development between Member States and indigenous peoples. The unprecedented participation and influence of indigenous peoples gave greater legitimacy to the Declaration. The attention to treaties, agreements and other constructive arrangements by treaty bodies and special procedures has been increasing and has progressively enriched the interpretation of article 37 of the Declaration.17 12. The recognition of the Kalaallit (Greenlanders) as a people in international law in the Greenland Self-Government Act is a remarkable step in the protection of the rights of indigenous peoples. 18 This achievement should serve as a model to be pursued by other States. A. Right to self-determination 13. The Declaration affirms that indigenous peoples are equal to all other peoples, 19 entitled to all rights established under applicable international law, including the right to selfdetermination, as affirmed in its article 3 as well as in the American Declaration on the Rights of Indigenous Peoples. This right has been invoked by indigenous peoples as the normative basis of their relationship with the State. 20 In particular, articles 3, 5, 9 and 33 of the Declaration provide a framework for recognizing the rights of indigenous peoples to negotiate as distinct peoples and as legitimate parties entitled to enter agreements under international law. 14. Consistent with their right to self-determination, indigenous peoples have always had the inherent power to make binding agreements between themselves and other polities. 21 As advised by the Expert Mechanism, treaties, as evidence of the right to self-determination and the relationship they represent, are the basis for a strengthened partnership, consistent with the Declaration.22 B. Free prior and informed consent 15. International instruments recognize the right of indigenous peoples to participate in decision-making in matters affecting their rights23 and that decisions related to their interests should be taken with their free, prior and informed consent. 24 Free, prior and informed consent has also been reaffirmed by several United Nations treaty bodies, which have significantly contributed to the normative understanding of indigenous peoples’ rights to 16 17 18 19 20 21 22 23 24 4 S. James Anaya, International Human Rights and Indigenous Peoples (Aspen, United States of America, 2010); Claire Charters, “Multi-sourced equivalent norms and the legitimacy of indigenous peoples’ rights under international law”, in Multi-Sourced Equivalent Norms in International Law, Tomer Broude and Yuval Shany (eds.), Studies in International Law (Oxford, Hart Publishing, 2011). See, for example, A/HRC/39/17/Add.3, para. 17; CCPR/C/BGD/CO/1, para. 12; CERD/C/NZL/CO/21-22, paras. 13–15; and CERD/C/AUS/CO/18-20, para. 20. Act on Greenland Self-Government, Act No. 473 of 12 June 2009, see https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=110442&p_lang=en. United Nations Declaration on the Rights of Indigenous Peoples, second preambular para. A/HRC/48/75, para. 3. A/HRC/39/62, paras. 4–5. A/HRC/18/42, annex, para. 34. United Nations Declaration on the Rights of Indigenous Peoples, art. 18. Ibid., arts. 10, 11, 19, 28, 29 and 32; International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169); Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997), para. 4 (d); A/HRC/18/42; and A/HRC/EMRIP/2010/2, para. 8.