A/HRC/48/75
and does not participate in United States elections. 49 In Nicaragua, the inhabitants of the
Caribbean Coast have their own autonomous regions under Law No. 28, entitled “Statute of
Autonomy of the Regions of the Caribbean Coast of Nicaragua”. 50
23.
In the Bolivarian Republic of Venezuela, some indigenous peoples administer their
own lands and communities. In the Maurak Pemon community, the current elected
indigenous leader ensures the running of an airport; she also oversees a security body to
protect and defend their rights to land and supports the 432 indigenous families in their
territory of 38,000 hectares of land that borders with Brazil. They have their own system of
administration of justice, whereby they apply their own customs and traditional knowledge,
even in cases of murder. The challenges experienced relate to the militarization of their land,
the movement of indigenous peoples across borders, illegal invasions of and economic
interest in their land, demonstrated by the intensification of conflict after the activation of the
Orinoco Mining Belt in 2016.51
24.
Some indigenous peoples exercise autonomy at the municipal level. In Ecuador, local
governments are established through indigenous municipalities. 52 Indigenous communities
administer justice under ancestral or ad hoc mechanisms, hearing cases on land conflicts,
cattle theft and domestic and sexual violence. However, in recent years, several indigenous
judicial authorities have been criminally prosecuted, reflecting “a lack of understanding, on
the part of the ordinary justice system, of the legitimate practices and processes of the
indigenous justice system”. 53 As of July 2020, four persons who were detained for those
reasons had received amnesty from the National Assembly. In many communities in Mexico
(Capulalpam de Méndez, Ayutla de los Libres and San Francisco Cherán), indigenous
peoples exercise their self-determination through municipal elections regulated according to
their own customary regulatory systems and the creation of municipal governments and
councils and thereby build their autonomy within the structure of the State.54 However, some
communities continue to be in opposition to the State, such as the Zapatista movement,
groups of which have implemented alternative local governments and their own health
service and hold and grant land under their own normative systems. Their activity has
provoked numerous conflicts with non-Zapatista communities.55
25.
Many indigenous peoples have their own territorial protection. In Ecuador, several
communities have organized territorial protection systems as an expression of their selfdetermination, with significant achievements. The Sinangoe community, made up of 200
Ai’Cofán people, formed their own guard dedicated to monitoring 50,000 hectares of their
ancestral territory. In 2018, they won a case before the Constitutional Court, which
“recognized their right to free, prior and informed consent” regarding activities that affect
their access to natural resources in their territory, invalidating mining concessions. The
people of Ai’Cofán also achieved their goal of buying a drone to aid in the monitoring of
invaders conducting mining, hunting and logging activities. 56 During the coronavirus disease
(COVID-19) pandemic, the communities themselves carried out containment and community
care tasks. 57 The challenges expressed by indigenous peoples include official mistrust of
indigenous guards, often referred to as paramilitary, as was the case for the Sinangoe, and
the militarization of indigenous territories.58
26.
Some indigenous peoples express their self-determination in urban areas. In Mexico
City, indigenous peoples hold elections and form governments by custom in Tepepan in
Xochimilco and some neighbourhoods in Tláhuac. The Totonacas and Nahuas of Cuetzalán
49
50
51
52
53
54
55
56
57
58
8
See E/C.19/2018/7.
Submission from the national human rights institution of Nicaragua.
Presentation made by Lisa Henrito at the expert seminar convened by the Expert Mechanism in
February 2021.
See A/HRC/42/37/Add.1.
Ibid.
See www.iwgia.org/images/documents/Recommendations/Autonomi_report_UK.pdf; and A/74/149.
Submission from the Fundación para el Debido Proceso, Mexico.
Submission from the Alianz Ecuador; see also www.culturalsurvival.org/news/koef-grant-partnerspotlight-asentamiento-ancestral-cofan-de-sinangoe-ecuador.
Submission from the Alianz Ecuador.
Submission from the Alianz Ecuador.