A/HCR//18/42 States constitutional law, American Indian nations to make laws in accordance with their own governance structures and to function under their own legal systems. The constitutional doctrine of congressional plenary power means, however, that Congress can legislate to override American Indian law.5 22. In Canada, a number of First Nations have entered into agreements with Canadian provincial and federal Governments to exercise greater self-government over their territories, such as the Nisga’a in British Columbia,6 and in accordance with the Canadian policy to recognize the inherent right First Nations to self-government.7 The Nisga’a Lisims Government exercises self-government over a broad range of issues, including education and lands and resources.8 On the other side of Canada, the Nunatsiavut peoples of Newfoundland formed a government that self-governs in areas of health, education and culture, in accordance with the 2005 Labrador Inuit Land Claims Agreement.9 There are some indigenous nations in Canada that are treaty-based governments. The treaties between these indigenous nations and the Crown provide for a fundamental right to participate in all decision-making processes on matters that affect them on the basis of mutual consent. B. Indigenous parliaments and organizations 23. There are a number of examples of indigenous parliaments and organizations that enable indigenous peoples to influence decision-making in matters that potentially concern them. 24. The Sámi Parliaments are representative advisory bodies that were established in Norway, Sweden and Finland in 1989, 1992 and 1995 respectively to, among other objectives, facilitate consultation with the Sámi people on matters affecting them. The mandate and regulation of the Parliaments differs from one country to the other. 25. In Sweden, the Sami Parliament has been granted special responsibilities relating to participation in decision-making; for example, it decides on the distribution of State grants 5 6 7 8 David Getches, Charles F. Wilkinson and Robert A. Williams, Jr., Cases and Materials on Federal Indian Law, 5th ed. (Thomson/West, 2005). See Nisga’a Final Agreement, available from www.nisgaalisims.ca/nisgaa-final-agreement. See submission of the Government of Canada to the Expert Mechanism on the Rights of Indigenous Peoples, July 2010. See also the submission of the University of Arizona Rogers College of Law Indigenous Peoples Law and Policy Program, “Best Practices for the Participation of First Nations in the Governance of Canada” (1 March 2011). Submissions to the Expert Mechanism are on file with secretariat of the Office of the United Nations High Commissioner for Human Rights. Nisga’a Final Agreement (see footnote 6). 7