A/HRC//18/42
the State may still have ultimate authority under State law, including in some of the
examples mentioned below.
19.
Examples of indigenous decision-making can be found in indigenous management
of resources in indigenous conservation areas and territories.2 Successful practices include
those where indigenous decision-making processes and traditional knowledge are respected
by the community and by other authorities. The sasi system used in Haruku, Indonesia,
where generations of kewang or indigenous institutions organize the community to remain
committed and united in managing fish stocks and other important coastal resources, is
exemplary.3 Another example is the Kaimoana customary fishing regulations in New
Zealand that permit some Maori control of customary fishing in some areas, including by
Maori institutions organized in accordance with their own beliefs, albeit significantly and
ultimately controlled by the Government.
20.
The Kuna Yala Comarca is one of five special territorial units in Panama with
administrative autonomy through general, traditional, regional and local councils. The
Comarca is governed by Kuna traditions and customs, and makes its own decisions within
the framework stipulated by the Constitution and legislation. Indigenous peoples make the
majority of decisions on cultural, economic and political matters affecting their populations,
and monitor indigenous rights. The Comarca is governed by the Kuna General Council,
which is the highest authority, comprising local councils of the 49 communities, each one
represented by a chief (Saila). The region is run by three general chiefs (Caciques) elected
by the Kuna General Council. The Kuna General Council meets for four days every six
months. In addition to the 49 Sailas that represent their communities, participation in the
Councils is mandatory for National Assembly representatives, the regional Governor, the
four district representatives and the regional directors of each institution established in the
Comarca. Furthermore, each community is required to include one indigenous woman on
its delegation.4
21.
In the United States of America, many American Indian nations retain residual
sovereignty over territories, albeit over areas sometimes far smaller than the areas
controlled by them historically. In practice, the doctrine permits, as a matter of United
2
3
4
6
See Indigenous and Community Conserved Areas, “Indigenous and community conserved areas”,
2009, available from www.iccaforum.org.
He Hong Mu Xiuping and Eliza Kissya with Yanes, “Indigenous knowledge and customary law in
natural resource management: experiences in Yunnan, China and Haruku, Indonesia”, Asia
Indigenous Peoples Pact Foundation, 2010.
International Labour Organization (ILO), Indigenous and Tribal Peoples’ Rights in Practice: a guide
to ILO Convention 169 (Geneva, ILO, 2009). Available from www.ilo.org/wcmsp5/groups/public/--ed_norm/---normes/documents/publication/wcms_106474.pdf.