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
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