A/74/149
has often resulted in what could be termed “fragmented autonomies”. A
comprehensive approach is needed that includes the indigenous conceptions of
territory, control, power and relations. The nation-building processes that must be
undertaken can progress only through mutual understanding and agreement between
States and indigenous peoples. 17
21. The Special Rapporteur has consistently highlighted the need for intercultural
dialogue to develop common interpretations of the content and scope of and ways to
realize indigenous peoples’ rights. For such dialogue to be fruitful, mutual trust must
be built. The approach of States to indigenous claims needs to change. Such claims
should be considered justice and human rights issues that, if adequately solved, would
result in benefits for the country as a whole. The fulfilment of indigenous peoples ’
rights should not be portrayed as a cost. That position creates unnecessary tensions
between indigenous peoples and the State and dominant populations in the country,
because of the promotion of the notion that indigenous peoples are demanding
unwarranted privileges. Moreover, it is not conducive to the necessary partnership
emphasized in the United Nations Declaration on the Rights of Indigenous Peoples.
It is the Declaration itself, which is a consensus framework adopted by the General
Assembly, that provides the best basis from which to launch or continue an
intercultural dialogue on how to implement indigenous peoples ’ rights in an
environment of reciprocal cooperation.
C.
Cross-cutting elements for the exercise of autonomy or
self-government
1.
Control over lands, territories and natural resources
22. The Special Rapporteur considers the enjoyment by indigenous peoples of their
rights to their lands, territories and natural resources as the most crucial condition to
allow for the exercise of their autonomy or self-government. In fact, for many
indigenous peoples, the main objective of autonomy or self-government is to be able
to maintain their relationship to their lands, territories and resources, which defines
their cultures and identities as distinct peoples. The pre -eminence of those rights has
been consistently reiterated by the United Nations, regional human rights bodies,
legal experts and indigenous peoples themselves and has b een a constant focus of
State practice, through the adoption of legislation and other measures to give effect
to those rights. Such recognition is also an essential aspect of remedy and
reconciliation. 18
23. Accordingly, the effective guarantee of the right of indigenous peoples to
autonomy or self-government cannot be achieved without the adequate
implementation of their rights to the lands and territories that they have traditionally
__________________
17
18
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Asier Martínez de Bringas, “Autonomías indígenas en América Latina: una mirada co mparada a
partir de las dificultades para la construcción de un derecho intercultural ”, Revista d’Estudis
Autonòmics i Federals-Journal of Self-Government, vol. 28 (December 2018); Pedro García
Hierro and Alexandre Surrallés, Antropología de un Derecho: Libre Determinación de los
Pueblos Indígenas como Derecho Humano (Copenhagen, IWGIA, 2009).
A/72/186; Magallanes, “International Law Association interim report”, p. 10; Study of the
Problem of Discrimination against Indigenous Populations (United Nations publication, Sales
No. E.86.XIV.3); Inter-American Commission on Human Rights, Case of the Mayagna (Sumo)
Awas Tingni Community v. Nicaragua, Series C, No. 79, 31 August 2001; Case of the Moiwana
Community v. Suriname, Series C, No. 124, 15 June 2005; Case of the Yakye Axa Indigenous
Community v. Paraguay, Series C, No. 125, 17 June 2005; Case of the Sawhoyamaxa Indigenous
Community v. Paraguay, Series C, No. 146, 29 March 2006; Case of the Xakmók Kasék
Indigenous Community v. Paraguay, Series C, No. 214, 24 August 2010; A/HRC/9/9;
A/HRC/27/52.
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