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
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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.
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