A/HRC/27/67
21.
The rights contained in the Declaration are addressed in the national constitution and
the Statute on Indigenous Peoples of Paraguay. The Declaration is also used as a guiding
framework in the policies and programmes of the Institute of Indigenous Affairs.
2.
Self-determination and autonomy
22.
As a result of amendments made to the constitution in 2001, Mexico recognizes the
self-determination and collective rights of indigenous peoples.
23.
Several States identified legislation that recognized the right of indigenous peoples
to autonomy. Most of the legislative provisions recognizing or creating indigenous
autonomous areas require indigenous peoples to vote in favour of becoming autonomous.
Indigenous jurisdiction over such autonomous areas varies. Some States indicated that
autonomous areas used the laws and institutions of indigenous peoples.
24.
The Plurinational State of Bolivia has begun a process of recognizing the autonomy
of indigenous communities. Several communities have voted in favour of autonomy and
have begun the process of developing a statute for autonomy, with technical support from
the Ministry of Autonomy. The process recognizes the need for the equal participation of
women in governance structures.
25.
Burkina Faso has also begun a process of decentralization through its law No. 0552004/AN. This law entrenches the right of territories to govern themselves and to manage
their own affairs to promote their own development and reinforce local governance. This
decentralization process has transferred jurisdiction in socioeconomic and cultural matters.
26.
The law in the Congo guarantees indigenous peoples the right to administer their
internal affairs and to have recourse to their customs to resolve internal conflicts. The law
also protects the customs and traditional institutions of indigenous peoples.
27.
The constitution of Guyana established its Indigenous Peoples’ Commission, which
is one of five commissions dealing with constitutional rights. The objective of the
Commission is to “establish mechanisms to enhance the status of indigenous peoples and to
respond to their legitimate demands and needs”. As part of its mandate, it offers
recommendations on the participation of indigenous peoples in national decision-making
and other decisions that affect their lives. The Amerindian Act 2006 provides for village
councils to govern their internal affairs.
28.
Denmark passed the Act on Greenland Self-Government in 2009. Under the
preamble, the people of Greenland are recognized as a people under international law with
the right to self-determination. The current Government of Greenland is democratically
elected and all the current members of parliament and of the Government are of Inuit
descent.
29.
The constitution of Finland recognizes the right of self-government of the Sami
people and that they have linguistic and cultural self-government in their native region. The
Act on the Sami Parliament regulates the implementation of the system of self-government.
3.
Participation in decision-making, including the obligation to seek to obtain the free,
prior and informed consent of indigenous peoples
30.
Most States provided information on legislative and policy measures to implement
the right to participate in decision-making. There were two aspects to the information
provided: participation in national decision-making and consultation on decisions affecting
the rights of indigenous peoples.
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