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 __________________ 29 30 31 32 33 34 12/23 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. 19-11889

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