A/73/176 consultations regarding measures that affect indigenous lands or resources and before the “consideration, formulation or implementation of any legislative, administrative or development programmes or projects that may affect them ”, whether directly or indirectly. The Act was developed in a participatory manner, including through consultations with indigenous peoples themselves (see A/HRC/18/35/Add.5). E. Key areas for future discussions 84. The section above provided a brief review of some examples of steps taken towards strengthening indigenous peoples’ right to govern themselves or participate in decision-making. While full indigenous self-governance has yet to be achieved, those steps highlight the potential benefits that can come with increased recognition of that right. Some of the topics that should be assessed and discussed further with regard to indigenous peoples and self-governance are outlined below. Sustainable development 85. Many of the cases discussed in the present report show the positive outcomes of increasing the ability of indigenous peoples to govern through their own systems and institutions, including how self-governance contributes to the achievement of sustainable development, self-determination, conflict reduction and conservation, among other desirable goals. A thorough analysis of indigenous self -governance could help to further document the achievements, experiences and challenges of indigenous governance systems. Self-governance on paper and in practice 86. While several indigenous governance systems have been officially recognized, implementation challenges remain in most cases, owing to a lack of full authority to govern, a lack of resources or the inability to fund governance systems or undertake economic activities that would generate the funds needed. The importance of getting indigenous peoples to build their own capacities to govern themselves and to run their own education, economic and health systems is a key factor in ensuring the success of indigenous governance. Indigenous peoples who have succeeded in building such capacities should share their experiences. Cooperation with the State 87. Of core importance to the success or failure of indigenous governance systems are their recognition by and interaction and cooperation with the State. This relates to the detailed division of work between State and indigenous authorities and to the coordination of joint responsibilities in areas such as social service delivery, justice systems, security and more. Another key concern is the interaction between traditional indigenous governance systems and decentralized institutions of the State. There is an obvious risk that traditional indigenous governance systems fall into disuse when parallel systems of State authority are developed. At the same time, if traditional indigenous governance systems are integrated into the official governance system, but are tasked with implementing policies made by Governments, they may be regarded as non-objective and non-representative of indigenous peoples themselves. Similarly, traditional authorities risk being politicized. Scope of jurisdiction 88. As evidenced by the examples above, there is great diversity in the areas of jurisdiction that indigenous peoples have been enabled to control, ranging from broad territorial self-governance to participation in the governance of a particular sector, 18-11856 21/23

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