A/74/149
5.
Autonomy through local government structures
72. For many reasons, including as a result of history, patterns of habitation, ways
of life, population demographics, processes of colonization and nation -building and
legal frameworks, indigenous peoples in certain countries or areas within a country
exercise powers of autonomy or self-government through local governments within
the conventional administrative structure of the country. A number of countries in
Asia recognize to varying degrees indigenous peoples’ traditional institutions as the
legal authorities at the local level. 72 That is also the case of indigenous municipalities
found, for example, in Ecuador, 73 Guatemala 74 and Mexico.
73. The Constitution of Mexico, following its controversial amendment in 2001,
includes a recognition of the right of indigenous peoples to self -determination,
although with restrictions that make it difficult to implement the right in practice. 75
The Constitution also includes a recognition of indigenous peoples ’ autonomy
regarding, inter alia, the application of their own legal systems to resolve internal
conflicts and to elect their authorities or representatives for their internal government
according to their norms, procedures and customs. Owing to both the serious
constitutional limitations and the lack of enabling legislation to put into effect the
right to self-determination, indigenous peoples in Mexico have developed different
ways of exercising autonomy and self-government. An important feature has been the
demand of indigenous municipalities and communities to elect their authorities
through their customary system. The Constitution of the State of Oaxaca provides for
that right, and 417 municipalities (of a total of 570) choose their authorities through
their customary election processes and without the presence of political parties.
Following the amendment to the Constitution, several municipalities with indigenous
peoples appealed to the national electoral courts to demand the recognition of
customary electoral systems for municipal elections. This is now the case in Cherán
(Michoacán), Ayutla de los Libres (Guerrero) and Oxchuc (Chiapas). 76
6.
Functional autonomies: the exercise of autonomy or self-government in
specific sectors
74. As mentioned in the previous report, 77 the ethnic-based recognition of
indigenous autonomy or self-government in specific sectors also exists in certain
countries, which may be exercised beyond the boundaries of indigenous territories.
Those functional autonomy arrangements are important in th e context of migration
and urbanization, as they may allow indigenous peoples to make decisions on issues
affecting indigenous members outside their lands and territories. An example of such
an exercise in autonomy is decision-making regarding education laws and policies,
including for indigenous children residing outside the traditional territories.
7.
Permanent instances for partnership and intercultural dialogue
75. The existence of institutional processes and bodies for intercultural dialogue and
continuous engagement between indigenous peoples and States has shown positive
results. Sami parliaments in the Nordic countries provide a very relevant example. 78
In Colombia, the Standing Committee for Consultation with Indigenous Peoples and
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72
73
74
75
76
77
78
19-11889
Errico, The Rights of Indigenous Peoples in Asia, p. 27.
A/HRC/42/37/Add.1.
A/HRC/39/17/Add.3.
E/CN.4/2004/80/Add.2, para. 57; A/HRC/39/17/Add.2, paras. 2, 49–50 and 96.
A/HRC/39/17/Add.2, para. 51.
A/73/176, paras. 68 and 88.
A/HRC/33/42/Add.3, paras. 20, 36–37 and 56–59; A/HRC/18/35/Add.2; A/HRC/15/37/Add.6;
A/73/176, para. 82.
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