A/74/149
self-government arrangements. 35 In the Inuit region, two of the four agreements
concluded include provisions on self-government. The Nunavut Land Claims
Agreement was concluded in 1993 and entered into force in 1999. As part of the
settlement, a political accord reflected in the Nunavut Act established the Nunavut
Territorial Government, under which all inhabitants of Nunavut have equal rights.
Lack of representation of the Inuit in managerial positions of the Government
administration and claims that it does not adequately incorporate and implement Inuit
traditional knowledge have opened discussions among Nunavut Inuit on the
establishment of an alternative self-government, at least for the Inuit-owned lands.
Relations with industry in terms of natural resource development are also strained. 36
45. As underlined in the previous report, there is an exemplary negotiated process
towards an agreement on self-determination between Denmark and Greenland. 37
Treaty discussions are also ongoing in Australia. 38 In the Nordic countries, a recent
example of a joint effort between States and indigenous peoples to establish a binding
legal instrument is the Nordic Saami Convention, with a tran sboundary approach to
Sami rights in Finland, Norway and Sweden. The process began in 1986. In 2001, an
expert drafting group composed of six members was established: three appointed by
each of the States and three appointed by each of the Sami parliaments in those
countries. The resulting draft, issued in 2005, contained provisions related to
self-determination, non-discrimination, governance, language and culture, education
and rights to land, water and livelihoods, in addition to provisions for the
implementation of the Convention. In 2010, a model for negotiations to finalize the
Convention was agreed upon. The negotiations began in 2011 and ended in January
2017. The proposal is currently under consideration by the Governments of the three
countries. 39
46. Agreements and other constructive arrangements between States and indigenous
peoples have also been signed as a result of peace processes, usually after decades long conflicts arising from the lack of recognition of and respect for indigenous
fundamental rights. Some of those accords formally acknowledge different aspects of
indigenous peoples’ right to autonomy or self-government.
47. The Chittagong Hill Tracts Peace Accord was signed in 1997 by the Government
of Bangladesh and Parbatya Chattagram Jana Samhati Samiti. The parties
acknowledged the need to provide for the rehabilitation of those affected by the
conflict, to strengthen the self-government systems of the region and to provide for
the equitable resolution of land-related disputes. Within the centralized structure of
the country, the legal and administrative system in the Chittagong Hill Tracts stands
apart. The semi-autonomous administrative authority of the region is shared by
representatives of the central Government (through district and subdistrict officers),
the traditional institutions of the chiefs, headmen and village heads and elected
councils at the district and regional levels, mainly composed of indigenous members,
all of whom are supervised by the Ministry of Chittagong Hill Trac ts Affairs.
Legislation has been enacted to implement the self-government provisions, but the
lack of constitutional recognition of the Accord leaves its implementation and even
its preservation dependent upon the political will of the central Government. Concern
regarding the lack of adequate progress in implementation, in particular with regard
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35
36
37
38
39
19-11889
E/CN.4/2005/88/Add.3, sect. G.
IWGIA, “Indigenous peoples’ rights to autonomy and self-government as a manifestation of the
right to self-determination”, paper prepared for the international seminar held in Mexico City
from 11 to 13 March 2019, pp. 31–33.
A/73/176, para. 80.
A/HRC/36/46/Add.2, paras. 24, 25 and 107 (a).
A/HRC/33/42/Add.3; A/HRC/18/35/Add.2; A/HRC/15/37/Add.6. The English text of the
Convention is available at www.sametinget.se/105173.
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