A/73/176
and arrangements and give some initial insight on how they can contribute to
sustainable development.
66. While no example is a perfect case of indigenous self-governance, as understood
above, those outlined below can be regarded as steps towards increasing indigenous
peoples’ control over their destinies and development processes. The examples are
primarily based on information from previous country visit reports and research by
the mandate holder, as well as on submissions received in the preparation of the
present report. The aim is to continue the conversation on the topic together with
indigenous peoples and State Governments, to further document existing practices of
self-governance and provide recommendations in this regard.
67. Most indigenous governance systems are traditional institutions that have
existed in indigenous communities over centuries and still guide decision -making,
conflict resolution and interaction between members of the indigenous community as
well as externally. In many cases, these institutions include customary and written
laws and dispute resolution and adjudicative mechanisms. 19 Some are recognized by
the State, while others are not. In recent decades, many contemporary forms of such
institutions, including indigenous parliaments, councils and organizations, have also
been developed, often in cooperation with States, with a view to addressing
indigenous peoples’ call for self-determination and control over their own internal
and local affairs. Hybrid models aimed at combining traditional and contemporary
forms of indigenous governance exist as well.
68. There are vast differences among these systems and practices of self governance, in terms of their histories, institutional structures, areas of jurisdiction,
legal grounding, cooperation with the State and the concrete experiences and
challenges they have faced (see A/72/186). As a result of indigenous peoples’ intrinsic
relationship to their lands, resources and territories, many of their governance systems
have a territorial base. There are also cases in which indigenous peoples have
increased control and participation in governance in a specific sector, such as culture,
language, health or education. 20
69. Related to self-governance is the issue of adequate and meaningful participation
of indigenous peoples in broader public affairs, if they so choose. Not neglecting the
long struggle that indigenous peoples had to fight to obtain full citizenship rights,
most indigenous peoples today hold the formal right to vote and participate in
electoral politics. That being said, multiple obstacles remain for indigenous peoples
in terms of efficient access to that right, owing to continued structural marginalization
and a lack of recognition and official registration, among other barriers. Moreover,
individual electoral rights are not enough to ensure self-governance by indigenous
peoples. Specific venues are needed for their collective participation, through their
own institutions, in the State’s affairs and in its decision-making bodies. As for State
practice, it is not uncommon to have seats reserved for indigenous peoples’
representatives in national parliaments. Furthermore, several States have established
national institutions devoted to indigenous peoples, including special departments
within different ministries, parliamentary commissions on indigenous issues,
specialized public prosecutor’s offices or joint bodies such as dialogue tables
(A/72/186). Provided such institutions ensure participation by indigenous peoples in
decision-making through their own representatives, as set out in article 18 of the
United Nations Declaration on the Rights of Indigenous Peoples, they can play an
important role in advancing dialogue between indigenous peoples and States.
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19
20
18-11856
Anaya (2004), p. 153.
Åhrén (2016), p. 142.
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