A/73/176
her last report to the General Assembly, the Special Rapporteur has sent
37 communications to 20 States, as well as to other actors, in relation to allege d
violations of a wide range of economic, social and cultural, as well as civil and
political rights. 3
29. Some of those communications have led to fruitful dialogues and immediate
action on the rights of indigenous peoples. In January 2018, the European
Commission decided to suspend a climate change project in the Embobut forest in
Kenya, pending an assessment of human rights compliance, as called for by the
Special Rapporteur on the rights of indigenous peoples, together with other Special
Rapporteurs. Days before the decision, the Special Rapporteurs had sent urgent
appeals to the Government of Kenya and the European Commission relating to forced
evictions of and attacks on the indigenous Sengwer peoples in the Embobut forest, in
the context of the European Union-funded project.
30. The Special Rapporteur has continued to cooperate with other human rights
mechanisms, United Nations bodies and regional human rights organizations relevant
to the rights of indigenous peoples. Such cooperation has included her attendance at
and active contributions to the annual sessions of the Permanent Forum on Indigenous
Issues and the Expert Mechanism on the Rights of Indigenous Peoples. In 2018, the
Special Rapporteur also attended the high-level political forum on sustainable
development, where she contributed to a thematic discussion on leaving no one
behind. At the regional level, the Special Rapporteur has increased cooperation with
the Inter-American Commission on Human Rights, as discussed above.
III. Indigenous peoples and self-governance
A.
Background
31. Long before they were colonized by external forces and before post-colonial
nation-States emerged, indigenous peoples all over the world had developed complex
ways of governing themselves. A review of the histories of indigenous peoples shows
that, prior to colonization, there were existing governance systems establishing rules
on the ways indigenous peoples related to each other and their neighbours, as well as
with nature and the surrounding ecosystems. The traditional worldviews, values,
norms and laws of indigenous peoples, and their concepts of authority and ways of
exercising leadership, were embedded in those governance systems.
32. Most colonizers, rulers of settler nation-States and those who built up the
nation-States following struggles for independence undermined and denigrated the
indigenous governance systems, which were regarded as inferior or backward
compared with Western governance systems. They were also seen as threats to the
consolidation of the rule and powers of the new regimes. In spite of efforts to
eliminate indigenous governance systems, many indigenous peoples continued to
assert their rights to define and determine their relationships with the colonial and
post-colonial Governments. Today, several of those indigenous governance systems
continue to exist and function. The diversity of such systems is a result of the different
historical contexts and experiences that indigenous peoples have undergone and the
strength and persistence of their struggles for self-determination.
33. In this section, the Special Rapporteur presents a general introduction to the
theme of indigenous peoples and self-governance, building upon some of the earlier
reports of the mandate holder, as well as on the work of the Expert Mechanism and
the Permanent Forum (see, for example, A/HRC/18/42, A/HRC/15/35 and
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See the communications reports available at https://spcommreports.ohchr.org/.
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