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Federalism, local Government, and autonomy
88. Proposals for the design of a new federal structure should advance the
self-determination of the Adivasi Janajati, which means advancing their exercise of the
right to autonomy or self-government in relation to their own affairs, including the right to
maintain their own customary laws and justice systems with due respect for universal
human rights; the right to participate in decision-making at all levels of authority in
relation to all matters affecting them; rights over territory and natural resources in
accordance with customary patterns; and the right to maintain and develop the various
aspects of their distinctive cultures. Federalism proposals should be developed with these
and related rights in mind, in a spirit of flexibility and accommodation, without focusing on
predetermined outcomes for the federal structure.
89. Irrespective of the final makeup of the federal system, specific measures should be
devised to ensure that local Government bodies include effective participation by
indigenous peoples. This may entail the establishment or strengthening of quota or
reservation systems for Adivasi Janajati to be guaranteed representation in local bodies.
Land, territory and resource rights
90. In accordance with the standards set forth in Convention 169 and the United Nations
Declaration:
(a) Existing initiatives of land tenure reform should incorporate a specific focus on
the rights of the Adivasi Janajati over the lands, territories and natural resources they
traditionally have inhabited or used, or otherwise possessed, either individually or
collectively;
(b) Legislative and administrative measures should be enacted to ensure these
rights, including measures entailing a land demarcation and titling procedure;
(c) Appropriate measures should be adopted to ensure that Adivasi Janajati
communities are consulted, through their own representative institutions, in the planning
and undertaking of any development project, either private or public, that affects their
traditional land use patterns or access to natural resources;
(d) A mechanism should be developed to provide redress to Adivasi Janajati
communities and their members for their loss of land or access to natural resources
incurred without their free, prior and informed consent, including when that loss has
occurred by the establishment of protected areas, development projects, concessions for the
exploitation of natural resources, or conveyances to private parties. Redress should
include, where possible, restoration of indigenous peoples’ access to resources, or a return
of their land, especially when the loss occurred by irregular conveyances;
(e) The National Parks and Wildlife Conservation Act should be amended to
include enhanced participation of Adivasi Janajati in the management of the parks and
guarantee their access to natural resources on which they traditionally have depended for
their subsistence, as well as provide them the opportunity to share justly in the financial