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and initiatives, although the only requirement is that Government s provide resources
necessary for that purpose “in appropriate cases” (article 6).
The collective dimension
46. The right of indigenous peoples to govern themselves, which is based on their
right to self-determination, is a collective right. This is established in the United
Nations Declaration, which clarifies and elaborates on the collective rights of
indigenous peoples.
47. The American Declaration on the Rights of Indigenous Peoples, adopted in
2016, also addresses the collective dimension of indigenous peoples’ rights to
self-governance in its article VI, in which it was recognized that indigenous peoples
have collective rights that are indispensable for their existence, well -being and
integral development as peoples, and, more specifically, that States should “recognize
and respect the right of indigenous peoples to their collective action; to their juridical,
social, political, and economic systems or institutions; to their own cultures; to
profess and practice their spiritual beliefs; to use the ir own tongues and languages;
and to their lands, territories and resources”.
48. In the African Charter on Human and Peoples’ Rights of 1981, specific reference
is made to the rights of individuals and the rights of peoples. It provides for the right
of all citizens to participate freely in the Government of the country (article 13), and
the collective right of a people to freely dispose of their wealth and natural resources
(article 21). The African Commission on Human and Peoples’ Rights and the African
Court on Human and Peoples’ Rights have interpreted several provisions of the
African Charter in accordance with international standards regarding the collective
rights of indigenous peoples.
Free, prior and informed consent
49. The rights to consultation and to free, prior and informed consent, as discussed
above, are indispensable for the ability to govern themselves in practice. They are
essential, in particular as the external decisions of the State and non -State actors
increasingly affect indigenous territories, societies, governance systems and, hence,
all matters relating to the internal and local affairs of indigenous peoples.
C.
Self-governance and the 2030 Agenda for Sustainable Development
50. As the development framework that will guide global development for the
coming decade, the 2030 Agenda for Sustainable Development is highly relevant to
the development processes that indigenous peoples will take part in and be affected
by. Indigenous governance systems can play an essential role in ensuring that the
implementation of the 2030 Agenda is culturally appropriate and grounded in
indigenous peoples’ traditions, values and development approaches. The economic,
social, environmental and cultural well-being of indigenous peoples will stand a
greater chance of being achieved if real decision-making is carried out by them and
through their own governance systems, which promote their own cultural values and
norms.
51. As has already been noted by the Special Rapporteur, in order not to leave
indigenous peoples behind, the 2030 Agenda should, on the one hand, effectively
address discrimination against indigenous peoples so that they can fully benefit from
mainstream development efforts, while, on the other hand, ensuring re spect for their
right to define and pursue their self-determined development paths (see A/69/267).
Given their unique ways of life, traditions, cultures and holistic development
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