A/74/149
have resulted in overlapping jurisdictions and third -party occupation of indigenous
territories, eroding indigenous peoples’ control and use. To address that situation,
some indigenous peoples have decided to assert their autonomy to regain control of
their lives and territories. In Peru, the Autonomous Territorial Government of the
Wampis Nation was self-declared in 2015, after the adoption of its statute of
autonomy. The Wampis wish to enter into dialogue with the State for the recognition
of their authorities within the State. 29 In many countries, indigenous peoples have
developed autonomy initiatives, life plans or similar proposals to shape their future
within their lands and territories, and they are requesting States to respect and support
their implementation.
2.
Treaties, agreements and other constructive arrangements
41. Several countries have formally recognized the right of indigenous peoples to
autonomy or self-government, whether through the inclusion of provisions in
constitutions or in ordinary law, or through a formal treaty, agreement or constructive
arrangement between the States and indigenous peoples. The extent and levels of
recognition vary, as does the implementation of the right.
42. Historical treaties were signed by the British Crown and other colonial Powers
as part of the colonization process in the Americas, West Africa and Asia, and are a
central feature of relations between States and indigenous peoples in Canada, New
Zealand and the United States of America, among others. Post -colonial States have
continued the practice, as in the case of the agreement of wills signed by Chile and
the King of the Rapa Nui in 1888. 30 As stipulated in the preamble to and article 37 of
the United Nations Declaration on the Rights of Indigenous Peoples, treaties are the
basis for a strengthened partnership between indigenous peoples a nd States based on
good faith and mutual recognition and consent, and should be enforced, honoured and
respected. Treaties provide the foundation for the self-determination of indigenous
peoples. Treaty enforcement should go together with the recognition o f indigenous
peoples as political entities with inherent powers of self-government. 31
43. The implementation and settlement processes of historic treaties have been
analysed in depth at several United Nations-sponsored expert meetings and in the
work of the mandate holder through communications and country visits. 32 The current
and previous mandate holders have stressed the importance of interpreting and
implementing treaties in accordance with their original spirit and intent and as
understood by indigenous peoples, in the light of international human rights law
pertaining to indigenous peoples, and in a way that strengthens their right to
self-determination. 33 Other important factors include the need to address the power
imbalance in the settlement negotiations, the existence of adequate grievance
mechanisms, such as the Waitangi Tribunal in New Zealand, and the adequate
incorporation of treaties into national legal frameworks. 34
44. Modern treaties are also being negotiated and implemented. In Canada, 25 new
treaties with indigenous peoples have been enforced since 1975, 22 of which include
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29
30
31
32
33
34
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A/73/176, para. 77; E/C.19/2018/7.
IWGIA, “The human rights of the Rapa Nui people on Easter Island: report of the international
observers’ mission to Rapa Nui 2011”, Report No. 15, 2012. For information on the current
situation, see CHL 1/2010, CHL 4/2010, CHL 1/2011 and CHL 1/2016.
E/CN.4/2006/78/Add.3; A/HRC/27/52/Add.2, paras. 9 and 39; A/HRC/21/47/Add.1, para. 3.
A/HRC/EMRIP/2014/CRP.1.
E/CN.4/2005/88/Add.3 and E/CN.4/2005/88/Add.3/Corr.1; A/HRC/27/52/Add.2; A/HRC/18/35
/Add.4.
For information on advances and challenges in New Zealand, see A/HRC/18/35/Add.4, paras. 7–45,
E/CN.19/2013/18 and CERD/C/NZL/CO/21-22, para. 12.
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