A/74/149
decision-making that may affect them, in accordance with their own cultural patterns
and structures of authority. 13
16. The right of indigenous peoples to self-determination can be realized through
autonomy or self-government, as reflected in article 4 of the United Nations
Declaration on the Rights of Indigenous Peoples. The recognition and implementation
of the right entail obligations for States, including the adequate incorporation of the
right into national law, as well as the assumption of responsibilities by indigenous
peoples themselves. 14
17. The recognition of the right of indigenous peoples to self-determination has had
a positive and transformative impact in international law. Moreover, re cognizing that
right can be transformative when implemented at the national level. The Special
Rapporteur stresses that the adequate implementation of the right implies changes in
the general governance of States, which will have a constructive impact on h uman
rights compliance, the remedying of discrimination and inequality, the building of
more democratic and inclusive societies and the enhancement of the legitimacy of the
State itself. 15
B.
Need for an intercultural understanding to implement the right to
autonomy or self-government
18. Notwithstanding the progress in the affirmation of the rights of indigenous
peoples to self-determination and autonomy or self-government in the legal and
academic discourse, the Special Rapporteur is of the opinion that insufficient
attention has been devoted to the interpretation by indigenous peoples themselves of
those rights and to their own initiatives to realize them. In her view, indigenous
peoples’ interpretation should be the starting point for the d evelopment and adoption
of the legal, policy and administrative measures required for implementation.
19. The right to autonomy or self-government, just as the rights to lands and
resources, is not only a legal concept for indigenous peoples but also a mat ter linked
to the main aspects of their existence as differentiated societies. 16 The right to
self-determination is understood as a right to control their past, present and future:
control of the past, in the sense of developing their own narrative of their histories;
control of the present, implying the power to maintain the elements that characterize
them as distinct societies; and control of the future, referring to the security of
knowing that they will be able to survive as diverse peoples on their own terms.
20. In most cases, options for the enjoyment of those rights have been unilaterally
defined by States. The proposals of indigenous peoples have had to be adapted to
existing legal, policy and administrative frameworks. The imposition of State
frameworks in the implementation of arrangements for autonomy or self -government
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13
14
15
16
19-11889
S. James Anaya, Indigenous Peoples in International Law, 2nd ed. (New York, Oxford
University Press, 2004); S. James Anaya, “The right of indigenous peoples to self-determination
in the post-Declaration era”, in Making the Declaration Work: The United Nations Declaration
on the Rights of Indigenous Peoples, Claire Charters and Rodolfo Stavenhagen, eds. (Copenhagen,
IWGIA, 2009); and A/HRC/9/9. For further references, see A/73/176 and A/HRC/15/35.
Catherine J. Iorns Magallanes, “International Law Association interim report on a commentary
on the Declaration of the Rights of Indigenous Peoples”, Victoria University of Wellington Legal
Research Paper, No. 50/2012 (2012).
Anaya, “The right of indigenous peoples to self-determination”; Mattias Åhrén, Indigenous
Peoples’ Status in the International Legal System (Oxford, Oxford University Press, 2016);
Sheryl Lightfoot, Global Indigenous Politics: A Subtle Revolution (Abingdon, United Kingdom
of Great Britain and Northern Ireland, Routledge, 2016); Magallanes, “International Law
Association interim report”.
E/C.19/2018/7, para. 28.
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