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of the State”. Along the same lines, article 18 provides for the right of indigenous
peoples “to participate in decision-making in matters, which would affect their rights,
through representatives chosen by themselves in accordance with their own
procedures, as well as to maintain and develop their own indigenous decision -making
institutions”.
42. Articles 20 and 34 of the Declaration in particular expand upon the rights of
indigenous peoples to maintain and develop their own political, economic and social
systems or institutions and to promote their distinctive customs, spirituality,
traditions, procedures, practices and, in where they exist, juridical systems or
customs, in accordance with international human rights standards.
43. In terms of participation in State decision-making, under article 19, States
should consult and cooperate in good faith with the indigenous peoples concerned
through their own representative institutions in order to obtain their free, prior and
informed consent before adopting and implementing legislative or administrative
measures that may affect them. The Human Rights Committee has also highlighted
that members of indigenous communities should have the opportunity to participate
in decision-making processes in relation to measures that substantially interfere with
their culturally significant economic activities. The Com mittee furthermore
emphasized that indigenous peoples’ right to participate extended beyond
consultation, noting that participation in the decision-making process must be
effective, which required “not mere consultation, but the free, prior and informed
consent of the members of the community”. 9
Internal and local affairs
44. In article 4 of the Declaration, reference is made to self-government in relation
to “internal and local affairs”. While specific sectors of self-governance depend on
the context, the expression “internal and local” is typically read as excluding areas
such as foreign policy, military and security of the sovereign State. 10 Given the
inherent connection of indigenous peoples to their lands, territories and resources,
self-governance typically has a territorial base and relates to decision-making within
a certain territory. 11 The thematic articles of the Declaration relating to education,
health, cultures and languages, justice, economic development and the management
of lands, territories and resources (see para. 37 above) address the role of indigenous
institutions thereby shedding further light on what may be regarded as “internal and
local affairs”.
Ways and means of financing
45. The issue of financing indigenous governance systems and their delivery of
services is essential to the practice of self-government. The right to self-government
“in ways and means for financing their autonomous function” is highlighted in article
4 of the Declaration, reflecting the necessity of adequate funding for self-government
to be effective. The capacities of indigenous peoples to finance their autonomous
governments depend on the adequacy of the financial support provided by the State
and the extent to which they are able to freely pursue their economic development.
Similarly, ILO Convention No. 169 contains the affirmation that Governments should
establish the means for the full development of indigenous peoples ’ own institutions
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10
11
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Poma vs. Peru (CCPR/C/95/D/1457/2006, para. 7.6).
International Law Association, The Hague Conference (2010): Rights of indigenous peoples —
Interim Report (2010), p. 13; and Daes, Erica-Irene A., “The concepts of self-determination and
autonomy of indigenous peoples in the draft United Nations Declaration on the Rights of
Indigenous Peoples”, St. Thomas Law Review, vol. 14 (2001), p. 267.
International Law Association (2010), p. 13.
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