A/73/176
37. The Declaration includes several articles relating to the right to self government. Article 4 establishes the right to autonomy or self-government in matters
relating to the internal and local affairs of indigenous peoples, as well as ways and
means for financing their autonomous functions, while articles 5, 18, 20 and 34
establish the right to maintain, strengthen and develop indigenous decision-making
institutions and legal, economic, cultural and social systems. Thematic articles
throughout the Declaration expand upon the rights of indigenous peoples to maintain
their own decision-making and governance systems relating to education (article 14),
health (article 24), culture and language (articles 11, 13, 15 and 31), justice systems
(articles 34 and 40), political participation (articles 18 and 19), economic
development (articles 20, 21 and 23) and lands, territories and resources (articles 25
to 28, 30 and 32).
38. In addition to the recognition provided by the Declaration, the social, cultural,
religious and spiritual values and practices of indigenous peoples and their aspirations
to “exercise control over their own institutions, ways of life and economic
development” are recognized in ILO Convention No. 169. The Convention contains
a number of key provisions on the rights to participation and consultation, through
appropriate procedures and, in particular, indigenous representative institutions
(articles 6, 7 and 15).
39. The rights of indigenous peoples to self-government and participation in
decision-making is furthermore recognized in other human rights instruments and
through the jurisprudence of human rights treaty bodies. The right to public
participation is established in article 5 of the International Convention on the
Elimination of All Forms of Racial Discrimination and elaborated on in general
recommendation No. 23 (1997) on the rights of indigenous peoples of the Committee
on the Elimination of Racial Discrimination, in which States parties are urged to
ensure the effective participation of indigenous peoples in decisions that may affect
them. Other relevant provisions are found in the International Covenant on Civil and
Political Rights (article 1, on self-determination, article 25, on participation in public
affairs, and article 27, on community rights to culture, religion and language), the
International Covenant on Economic, Social and Cultural Rights (article 1, on
self-determination, and article 15, on cultural rights), the Convention on the
Elimination of All Forms of Discrimination against Women (articles 7 and 8, on t he
participation of women) and the Convention on the Rights of the Child (article 12, on
children’s rights to participate in decision-making, and article 30, on the rights of the
indigenous child). 8
40. Some important standards, affirmed in both the Declaration and other human
rights instruments and jurisprudence, are outlined below.
Recognition of indigenous institutions and the right to participation in public
affairs of the State
41. Indigenous peoples have both the right to maintain their own indigenous
decision-making institutions and the right to participate in decision-making processes
of the State and of other actors, in particular on matters that affect them. Both
dimensions are crucial to the exercise of self-governance in practice. This duality is
reflected in several articles of the Declaration, including article 5, whereunder
indigenous peoples “have the right to maintain and strengthen their distinct political,
legal, economic, social and cultural institutions, while retaining their right to
participate fully, if they so choose, in the political, economic, social and cultural life
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8
10/23
Human Rights: International and Regional Jurisprudence , (Bloomsbury Publishing, 2016),
pp. 54 and 86.
Saul (2016), chap. 2.
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