A/HRC/21/47 peoples’ economic and social conditions (article 21). Stated comprehensively, tackling violence against indigenous women must in some way go along with advancing indigenous peoples’ self-determination. As Special Rapporteur and others have stressed, the right to self-determination, which is affirmed for indigenous peoples in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, is a foundational right, without which the full range of indigenous peoples’ human rights, both collective and individual, cannot be fully enjoyed. Enhancing indigenous self-determination is conducive to successful practical outcomes; studies have shown that indigenous peoples who effectively manage their own affairs tend to fare better across a range of indicators than those who do not. 30. In this connection, the Special Rapporteur would like to mention three specific ways in which indigenous self-determination may be enhanced in the context of combating violence against women and girls. While the following points are, of course, not exhaustive, they provide some reflections on the measures needed by States and indigenous peoples themselves to address concerns in this regard. 31. First, States should avoid responses to social problems affecting indigenous communities, including violence against women, that tend to limit, undermine or replace indigenous peoples’ own authority and self-governance. In this connection, States should avoid making blanket limitations of the jurisdiction of indigenous traditional judicial systems over cases of violence against women, based on an assumption that the State justice system is better equipped to handle these cases or that the application of indigenous systems in cases involving violence against women results in inherently unfair judgements. In his work, the Special Rapporteur has observed situations in which States, faced with dire social problems within indigenous communities, including violence against women and children, develop initiatives designed to limit indigenous peoples’ control over decisionmaking or administration of justice within their communities, placing such decision-making or judicial control in the hands of the State or third parties. State responses that limit indigenous control, however, run the risk of undermining indigenous self-determination and have been shown to be less effective long-term solutions, generally speaking, in comparison to initiatives that indigenous peoples themselves control. 32. Second, States should increase indigenous peoples’ own participation in the design, delivery and oversight of programmes related to preventing and punishing violence against women. The development of programmes that are effective and culturally appropriate requires innovation and flexibility, and is not free from challenges. Initially, it requires consultation with the affected indigenous groups about community needs and programme design, and openness to varied models. In particular, it is essential to provide continued support to programmes, especially those designed by indigenous peoples themselves that have already demonstrated achievements. The Special Rapporteur has observed numerous successful indigenous-controlled programmes already in place to tackle issues of domestic violence, alcoholism, community development and related issues of concern, in ways that are culturally appropriate and adapted to local needs. These kinds of indigenous-run programmes must be supported and promoted. 33. Third, there is a need for indigenous peoples themselves to continue to strengthen their own organizational and local governance capacity, and their own justice institutions, to meet the challenges faced by their communities. Indigenous peoples have a responsibility to work to rebuild strong and healthy relationships within their families and communities, and to take concerted measures to address social ills where these exist. Within their households, their communities and the broader people of which they are a part, indigenous peoples must challenge and combat any existing patriarchal social structures, continued attitudes of superiority of men over women and supposed justifications based on culture for battering or discriminating against women. In this connection, indigenous peoples must 9

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