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typically relating to culture, education, languages, justice, health and the like. Further
guidance is needed on what the right to self-government and autonomy in “local and
internal affairs” entails.
Cultural values and good governance
89. Documenting the unique cultural values that guide indigenous governance
systems could provide a better understanding of and respect for how they operate, for
instance in terms of obtaining consent and dealing with conflict within indigenous
communities. The assessment should also look at internal governance, including with
regard to the representation of women and other minority groups in indigenous
governance systems.
Pathways to self-governance
90. On the basis of lessons learned from processes in which indigenous peoples and
States have worked together to recognize and advance indigenous peoples ’ right to
self-governance, a future study could help to document steps towards increased
self-governance. A fundamental first step towards that would be the recognition of
indigenous peoples and their own institutions and organizations. Such recognition
would include repealing restrictive legislation and reducing bureaucratic registration
processes, which often remain a challenge.
Rights to lands, territories and resources and to free, prior and informed consent
91. The right to self-government finds concrete expression in how indigenous
peoples are able to truly decide on their own priorities with regard to the use and
management of their lands, territories and resources. This includes how they are
consulted and how their free, prior and informed consent is obtained when projects
and policies affecting their lands, territories and resources are made. This remains an
area of key concern for the Special Rapporteur, and more needs to be done to
safeguard indigenous peoples’ rights to their lands, territories and resources and to
ensure adequate consultation and consent, including the facilitation of indigenous
participation in defining agreed “consultation on consultation” processes.
Coping with external pressures
92. A better understanding is needed of the impact of external factors, such as land
encroachments, economic development projects, climate change and the criminalization
of indigenous peoples, on indigenous governance systems.
IV. Concluding remarks
93. Indigenous governance systems have proven resilient for centuries,
representing indigenous peoples and making decisions on their behalf in line with
their cultures, values and traditions. They still play an essential role in the lives
of millions of indigenous peoples around the world and are crucial factors in
ensuring the rights of indigenous peoples, in particular to self-determination and
self-identified development.
94. Indigenous governance systems have often proven to be better than external
actors in providing services to and ensuring the well-being and rights of
indigenous peoples. Furthermore, they contribute to conflict reduction, climate
adaptation, conservation and protection of nature, culturally appropriate social
services, economic progress and many other positive outcomes.
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