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indigenous peoples may create autonomous indigenous territorial constituencies,
which are to be incorporated into the political and administrative structures of the
decentralized State. However, the complex process of establishing those
constituencies, the lack of State support and the subordination of the model to the
administrative division and procedures of the State are factors that may explain the
limited interest of indigenous peoples in their creation. 68
70. The 2009 Constitution of the Plurinational State of Bolivia provides that
indigenous peoples have the right to self-determination, which includes the rights to
autonomy, self-government, culture, institutions and the consolidation of their own
territorial entities. Through Act No. 3760 of 7 November 2007, the United Nations
Declaration on the Rights of Indigenous Peoples was incorporated into national law.
The Framework Act on Autonomous Entities and Decentralization (No. 031 of 19 July
2010) allows for the establishment of “indigenous and aboriginal campesino
autonomous entities”, which can be created by means of conversion to municipalities
or territorial entities. Although the legal framework requires complex exercises of
adjustment and the administrative process is extremely long and bureaucratic, some
indigenous peoples are creating their own self-governed autonomous entities within
the framework. 69 Such is the case of the Guarani Autonomy of Charagua-Iyambae,
for which a statute of autonomy was adopted in September 2015. 70 In 2016,
representatives to all autonomous bodies were elected, and they took office in 2017.
The implementation of this model through the traditional collective decision-making
bodies is proving difficult, as it involves making consensual structural decisions
inside an autonomy circumscription that does not match traditional territorial
divisions and includes non-indigenous populations. Nevertheless, the CharaguaIyambae autonomous government is designing tools for territorial planning and
management inspired by the community’s cultural paradigms and adopting ways of
coordinating with the traditional authority structures. The case illustr ates the
potential, as well as the difficulties, of the exercise of autonomy or self -government
through frameworks of planning and management that are very different from the
reality, practices and logics of indigenous peoples themselves.
71. Nepal initiated a historic process of recognition of the rights of indigenous
nationalities during the transition to multiparty democracy through the adoption of
the 1990 Constitution. In 2002, the National Foundation for Development of
Indigenous Nationalities Act was adopted. Promising steps taken towards the
recognition of indigenous peoples’ rights are the ratification of the Indigenous and
Tribal Peoples Convention, 1989 (No. 169), of ILO and the adoption of the 2007
Interim Constitution, which provided for some cultural and participation rights.
Indigenous participation in the process to develop a new constitution after 2007 and
to establish a federal State, which indigenous nationalities considered an opportunity
for the recognition of their autonomy and self-government, was increasingly
restricted, and the adopted 2015 Constitution does not adequately reflect the
aspirations and proposals of indigenous nationalities. 71
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69
70
71
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The implementation of the Constitution was the focus of the Special Rapporteur’s mission to the
country in 2018 (see A/HRC/42/37/Add.1).
A total of 36 indigenous autonomous entities have begun the process towards self -government,
21 of which are doing so by converting into municipalities and 15 into indigenous territorial
entities (IWGIA, The Indigenous World (Copenhagen, 2018), p. 181).
Following a 2009 referendum through which participants declared their support for the
establishment of an autonomy.
A/HRC/12/34/Add.3; see also Case No. NPL 5/2012 and AL 15/10/2012 in A/HRC/24/41/Add.4,
and CERD/C/NPL/CO/17-23, paras. 22–23.
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