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events. Indigenous communities are no exception. Throughout history, local communities have
struggled to defend their autonomy against outside encroachment, sometimes successfully,
sometimes not. To the extent that indigenous people were incorporated into State structures not
of their own choosing during times of colonization or the expansion of the modern nation State,
their local forms of government were modified or adapted to suit the interests and needs of the
State, creating tensions that have often led to conflict and violence.
77.
Indigenous organizations seek to preserve or regain the right to local (and sometimes
regional) self-government; they consider this right as part of the fundamental freedoms which
international law accords to all peoples. Through negotiations and treaties, constitutional reform
or special legislation, indigenous peoples have been able in numerous instances to establish
agreements with States regarding this right to self-government. In other cases, however, this has
not been possible, and national- or regional-level government units still take it upon themselves
to administer the affairs of indigenous communities. Indigenous affairs ministries, departments
or bureaux often have specific mandates to that effect and local indigenous governments need to
deal with these institutions rather than with those of the national political or administrative
system in general. Indigenous organizations may consider this to be a form of discrimination,
whereas Governments argue that such arrangements are designed for the protection of
indigenous people themselves, in keeping with their best interests (as defined by the State).
78.
Recognizing these issues, the Draft United Nations declaration on the rights of
indigenous peoples states in article 33: “Indigenous peoples have the right to promote, develop
and maintain their institutional structures and their distinctive juridical customs, traditions,
procedures and practices, in accordance with internationally recognized human rights standards.”
79.
How are the various arrangements concerning local self-government among indigenous
peoples related to the exercise of their civil and political rights? How has recent legislation
affected the protection and enjoyment of these rights? When indigenous self-government differs
from constitutional municipal governing structures, how does this affect the human rights
situation of indigenous communities? On this topic, as on others mentioned previously, the
literature is fragmentary at best and the evidence is too limited to support any far-reaching
conclusions. The Special Rapporteur proposes to approach this issue in a comparative
framework from the standpoint of human rights and democratic governance, and expects to
report back to the Commission in the future.
5. Poverty, standards of living, sustainable development
80.
As already noted, indigenous people are very often found among the poorest strata in
society, their standards of living are considered to be below average in many respects. Studies
have shown high levels of infant mortality, lower than average nutritional levels, lack of public
services, difficulty of access to social welfare institutions, lower than average delivery of the
services provided by such institutions, inadequate housing and shelter, and generally low
indicators associated with the idea of human development.
81.
Many States have recognized these problems and promote special policies and measures
designed to improve the standards of living of indigenous people. In other areas public policies
are not oriented in this direction and the needs of indigenous populations have been neglected.