A/HCR//18/42
14.
Some practices have been included in the report even where they might not be well
implemented, in order to highlight the potential that they have to protect and promote
indigenous peoples’ participation in decision-making.
15.
Good practices may be found in, inter alia, a law, a policy programme, a single
project and/or in a component of a project.
III.
Indigenous peoples’ internal decision-making processes and
institutions
16.
In the context of the present report, internal decision-making processes and
institutions are indigenous; in other words, they function in accordance with indigenousdetermined practices and for indigenous peoples. That is not to say that internal decisionmaking processes and institutions need to be traditional in a historical sense; instead, they
may include processes and institutions that have evolved over time, which may involve
newer practices, sometimes in response to external influences. In some cases, indigenous
decision-making processes and institutions may also be established as a result of discussion
and dialogue, or even agreement, with the State. Internal decision-making processes are
sometimes – though not always – recognized by the State and under State law.
A.
Indigenous decision-making processes and institutions
17.
Many indigenous institutions have their own decision-making processes, some of
which are described in the progress report of the Expert Mechanism.1 Many of these
institutions continue to receive support from communities despite, in some cases, limited (if
any) recognition by the State. The right to maintain such distinct decision-making processes
and institutions is embodied, inter alia, in articles 5, 20 and 34 of the Declaration on the
Rights of Indigenous Peoples.
18.
Generally, the ongoing functioning of indigenous peoples’ internal decision-making
processes and associated institutions are positive in that they facilitate the participation of
indigenous peoples and individuals in public affairs in ways that are philosophically and
culturally consistent with indigenous peoples’ understanding of governance. Significantly,
indigenous decision-making processes and institutions also express a degree of indigenous
peoples’ self-determination and autonomy, free from imposed external influence, although
1
A/HRC/15/35, paras. 42-66.
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