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70. Previous country reports by the Special Rapporteur and her predecessors have
outlined several examples of how different indigenous governance systems efficiently
manage a broad range of public services, often more effectively than external actors,
given the profound understanding that indigenous peoples have of their own cultures,
traditions and values.
71. A 2011 assessment by the federal Government of Canada of the achievements
and problems of its self-government policy concluded that self-governing indigenous
nations enjoyed improved outcomes in educational achievement and employment
levels. 21 The inherent right of self-government is regarded as an existing aboriginal
right under section 35 of the Constitution Act of 1982. The exact self -government
provisions are negotiated in modern treaties or land claim agreements between the
federal Government, the provincial governments and the First Nations, Inuit or Métis
peoples concerned, and their jurisdictions typically cover areas such as social and
economic development, lands and resources, generation of revenues and authority in
treaty settlement processes. It should be noted, however, that the majority of First
Nations have not yet concluded negotiations on treaties or land claim agreements and
therefore, in practice, have limited rights to self-governance (see A/HRC/27/52/Add.2).
72. Indigenous governance can also contribute to improved economic development
outcomes. In the energy sector, the entrepreneurial efforts of a number of tribes across
Alaska, Colorado, Montana, New Mexico, North Dakota, Oklahoma, Texas and Utah
in the United States of America have led to the establishment of indigenous energy
enterprises to take advantage of the rich oil and gas deposits, great wi nd and solar
potential, and hydroelectric and geothermal resources on their lands. The Picuris
Pueblo, a federally recognized tribe in New Mexico, has engaged in a collaborative
venture with intertribal authorities and the federal Government to build a 1 M W solar
panel, which will make it the first 100-per-cent-solar-powered tribe in the United
States, saving the tribe almost $6.5 million over the project ’s 25-year lifespan. The
Oceti Sakowin Power Authority, a cooperative venture of seven Sioux tribes in t he
Great Plains, is becoming one of the largest wind power development projects, with
a production capacity of up to 2 GW, through which the tribes aim to increase access
to electricity and funding for infrastructure projects. These self -governed enterprises
demonstrate best practices in terms of income generation to support critical
government programmes, while also reconciling the protection of lands, waters and
sacred places with the benefits of revenue and jobs. They also demonstrate how tribes,
by exercising political sovereignty, can approach energy resource development to
support economic sovereignty (see A/HRC/36/46/Add.1).
73. There are several good examples of indigenous peoples’ contribution to
conservation. The Australian government-funded indigenous rangers’ programme, for
instance, supports indigenous peoples’ connection to their lands, encourages cultural
knowledge transfer, provides skilled employment and simultaneously contributes to
conservation. The creation and joint management of protected areas allow traditional
owners to continue to enjoy their customary practices, while simultaneously
providing conservation and direct employment opportunities for indigenous peoples
(see A/HRC/36/46/Add.2).
74. Indigenous institutions also play an important role in ensuring conflict
prevention, order and dispute resolution. Since 1 995, the community police force in
Guerrero, Mexico, has carried out security, justice and reintegration tasks in
accordance with indigenous customs and practices, which has clearly reduced
violence and impunity. The State of Guerrero legally recognized th e existing
community police force in 2011, although there seem to be legislative initiatives to
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Indian and Northern Affairs Canada, Evaluation of the Federal Government’s Implementation of
Self-Government and Self-Government Arrangements (2011).
18-11856