A/HRC/48/75
economic and social purposes, with their own members as well as other peoples across
borders (art. 36 (1)).30
17.
External self-determination may also include indigenous peoples’ right to determine
their place in the international community based upon the principle of equal rights. 31 From
an indigenous perspective, participation by indigenous peoples in the international
indigenous movement is an example of the exercise of external self-determination.32 That
includes expressions of indigenous peoples at the United Nations and other international
forums where they can express their world views and perspectives on the international level,
external to their own communities. The “importance of ensuring that indigenous peoples’
voices, the very people whose self-determination is affirmed by the Declaration, are heard in
the international community through participation in international policy forums and
decision-making bodies” is recognized.33
18.
For indigenous peoples in voluntary isolation the right to self-determination should
be understood as the guarantee of respect for their decision to remain in isolation. Their right
to life may be violated if their right to self-determination is denied. Isolation is a strategy of
collective preservation, allowing them to maintain their own systems of thought, cultures,
languages and traditions and to survive the threats caused by any forced contact with the
outside world.34 The Special Rapporteur on the rights of indigenous peoples, referred to the
principle of no contact as an expression of indigenous peoples’ right to self-determination.35
That right is supplemented by article 8 of the Declaration, which recognizes that indigenous
peoples have the right not to be subjected to forced assimilation. Article XXVI of the
American Declaration on the Rights of Indigenous Peoples specifically recognizes that
indigenous peoples in voluntary isolation or initial contact have the right to remain in that
condition and to live freely and in accordance with their cultures and that States should, with
the knowledge and participation of indigenous peoples and organizations, adopt appropriate
policies and measures to recognize, respect and protect the lands, territories, environment
and cultures of those peoples, as well as their life and individual and collective integrity. 36
IV. Exercise of self-determination by indigenous peoples
19.
Self-determination is an ongoing process in which institutions of decision-making are
devised that enable indigenous peoples to make decisions related to their internal and local
affairs and to participate collectively in external decision-making processes.37 The exercise
of self-determination varies by region and by the peoples involved and may, in some cases,
be determined by the relationship and level of their recognition within the State. All efforts
in moving towards self-determination have been and continue to be a struggle for indigenous
peoples. As one indigenous leader expressed: “the progress towards realization of selfdetermination is not a straight road, but one marked by setbacks and obstacles”. 38 The
examples below demonstrate the regional nature of the development of self-determination.
20.
The self-rule government and parliament of Greenland are regarded as unique,
because they were initiated by Greenlanders themselves and negotiated peacefully with the
Government of Denmark. 39 Since 2009, indigenous peoples have held authority over all
30
31
32
33
34
35
36
37
38
39
6
International Law Association, report of the Seventy-Fourth Conference, held at The Hague in 2010,
focused on the rights of indigenous peoples; see also A/HRC/EMRIP/2019/2/Rev.1.
See http://hrlibrary.umn.edu/gencomm/genrexxi.htm.
Dalee Sambo Dorough, “Indigenous peoples and the right to self-determination: the need for equality:
an indigenous perspective”, paper presented at the seminar on the right to self-determination of
indigenous peoples held in New York on 18 May 2002.
Submission from New Zealand.
Submission from the International Working Group on indigenous peoples Living in Voluntary
Isolation or in Initial Contact in the Amazon and Gran Chaco.
See A/73/176.
See www.oas.org/es/cidh/decisiones/pdf/Resolucion-1-20-es.pdf.
See A/HRC/15/35.
Presentation made by Lisa Henrito at the expert seminar convened by the Expert Mechanism in
February 2021.
See A/73/176.