A/74/149
Organizations, which coordinates between State institutions and indigenous peoples,
has helped to sustain dialogue even in difficult circumstances, in spite of its
limitations. 79 Joint State-indigenous peoples’ bodies exist in many countries, although
indigenous power within them is usually limited. It is essential that such mechanisms
allow for true joint decision-making and go beyond mere advisory roles. States should
consider mechanisms proposed or established by indigenous peoples themselves. 80
V. Conclusions and recommendations
76. The full realization of the right of indigenous peoples to autonomy or
self-government implies deep changes in the legal and structural architecture of
the State, amounting to what has been termed “belated nation-building”. In most
cases, those implications have not been fully recognized and addressed by
States. 81 Nevertheless, instances of “hopeful practices” can be found, which may
provide useful guidance and practical points for reflection on the full realization
of indigenous peoples’ collective and individual human rights.
77. Existing positive State practices include the adequate constitutional and
legal recognition of the right of indigenous peoples to self-determination and the
related right to autonomy or self-government. The recognition of the
plurinational and multicultural nature of the States in which indigenous peoples
live, the constructive interpretation and implementation of treaties and the
development of new treaties and agreements or constructive arrangements based
on good faith and mutual trust provide a solid basis upon which to build the
necessary partnership between States and indigenous peoples.
78. Legal, administrative and policy measures regarding the rights of
indigenous peoples to their lands, territories and natural resources have been
adopted in several countries. Indigenous authorities, self-government
institutions and jurisdictions also enjoy varying degrees of recognition in a
significant number of countries. Initiatives to foster dialogue and, to a certain
extent, joint decision-making have also been established.
79. Different arrangements are in place in relation to the ways and means for
financing indigenous autonomous functions, such as regular transfers from the
national budget or funds agreed upon through treaty implementation processes.
Special measures have also been adopted in some countries to combat inequality
and discrimination in the context of the socioeconomic situation that indigenous
peoples face in many countries.
80. Notwithstanding those positive practices, the Special Rapporteur considers
that most of the existing autonomy or self-government arrangements do not
completely fulfil the international human rights obligations of States regarding
the rights of indigenous peoples.
81.
The Special Rapporteur recommends the following:
(a) States should enshrine the right of indigenous peoples to
self-determination and the related right to autonomy or self-government in their
national legal systems, including in their national constitutions;
(b) States should adopt and implement all measures necessary to ensure
the adequate recognition of the rights of indigenous peoples to their lands,
territories and natural resources, as that recognition represents the cornerstone
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79
80
81
22/23
A/HRC/15/37/Add.3, paras. 46.
A/73/176, para. 82.
A/HRC/9/9, para. 51.
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