A/74/149 owned, occupied or otherwise used or acquired. Measures that result in t erritorial fragmentation and limited jurisdiction hinder the exercise of autonomy or self-government. 24. The mandate holder and her predecessors have analysed the implementation of indigenous peoples’ territorial rights in all their country visits and through numerous communications. While acknowledging the advances made in some countries in the legal recognition of those rights and related regulation, they have observed that existing efforts still present serious limitations. Even in countries in which i ndigenous peoples’ rights to lands and resources have been recognized, the measures necessary for their realization have not been developed or implemented. Lack of coherence in the overall national legal framework, inadequate recognition of the subject of those rights, limited jurisdiction and lack of adequate adjudication systems are just a few of the problems identified. 25. A central issue in this regard is the question of the natural resources found within their territories. Most of the violations of the collective and individual human rights of indigenous peoples, including to life and security, are associated with access to and exploitation of natural resources within their territories. 19 It is of fundamental importance that States and indigenous peoples reach a common understanding and mutual agreement on the issue, including full respect for indigenous peoples ’ human rights. 2. Indigenous authorities and institutions 26. Indigenous peoples’ right to autonomy or self-government, in its internal and external dimensions, is exercised through their own authorities and institutions, which may be traditional but also recently created. The relation of such institutions with the State as a whole has to be established as part of the intercultura l arrangements to be developed by States and indigenous peoples for the implementation of the right to self-determination. 27. Good practices in terms of the recognition of indigenous authorities and institutions, including indigenous justice systems, can be found in a significant number of countries. 20 Nevertheless, in most countries, the decision-making power of indigenous authorities is subordinated under State bodies and decision -making processes. In many countries, the recognition of indigenous governin g institutions is still dependent upon inadequate processes of State registration and recognition, which unduly interfere in indigenous political, social and cultural decision -making. Government intervention in the appointment of traditional leaders seriou sly erodes indigenous self-government. 21 28. Moreover, owing to current or historic circumstances, indigenous institutions and self-government structures have weakened and may be in need of support in order to be able to function and exercise their responsibilities. The Special Rapporteur has repeatedly urged States to support the strengthening of indigenous authorities and institutions as a priority. 3. Ways and means for financing indigenous peoples’ autonomous functions and achieving their right to their own development 29. As stipulated in articles 4 and 34 of the United Nations Declaration on the Rights of Indigenous Peoples, indigenous peoples have the right to ways and means for financing their autonomous functions. How that right is to be fulfill ed depends upon __________________ 19 20 21 19-11889 A/HRC/39/17 paras. 27–39; A/HRC/24/41; A/HRC/21/47; A/HRC/18/35. A/HRC/42/37. A/HRC/15/35, paras. 49–50. 9/23

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