A/73/176
functions in line with their own cultures. In practic e, however, the traditional
authorities face challenges in terms of administering their communities effectively,
given their small numbers relative to other groups and given that San authorities do
not have the power to administer communal lands (see A/HRC/24/41/Add.1).
79. There are also several examples illustrating how increasing indigenous peoples ’
ability to govern themselves and participate in governance has furthered cooperation
and dialogue between indigenous peoples and the State.
80. Since 2009, Greenland’s self-rule government and parliament have held
authority over all matters internal to Greenland, while the Danish authorities still
control defence and foreign policy, among other areas (see A/72/186). The present
model of self-rule, which was adopted by the Danish Parliament and 75 per cent of
the population of Greenland in a referendum, is a result of a process initiated in the
1970s by Greenlanders towards increasing self-governance. While Home Rule was
achieved in 1979 with the establishment of a local parliament and a public
government with authority in most political, social and economic matters internal to
Greenland, the desire for further control of subsurface resources and the quest to be
recognized as a people according to international law led to new negotiations between
Greenland and Denmark and, finally, to the establishment of the present self -rule
model. The process is regarded as unique, as it was initiated by Greenlanders
themselves and negotiated peacefully with the Government of Denmark. 23
81. In New Zealand, the Maori have had guaranteed representation in Parliament
since 1867 through various electoral arrangements, although mostly by setting aside
separate seats in the Parliament for Maori. The Electoral Act of 1993 makes the
number of reserved seats for Maori proportional to the number of Maori registered on
the Maori electoral roll. This representation arrangement has provided the M aori with
an important opportunity to participate in and influence national decision -making on
a range of issues. Furthermore, it has facilitated dialogue and the partnership between
the Government and the Maori, which has been interpreted as having been e stablished
by the Treaty of Waitangi. Despite various initiatives and the explicit goals of the
local government act to facilitate Maori participation, the representation of Maori in
local government has been more difficult to achieve (see A/HRC/18/35/Add.4).
82. The Sami parliaments are representative bodies that were established in Norway,
Sweden and Finland in 1989, 1992 and 1995, respectively, to facilitate consultation
with the Sami people on matters affecting them, among other objectives. 24 The models
of the national Sami parliaments vary across the three countries, as regulated by
national legislation in the form of a Sami parliament act and the constitutions of each
country, in which the Sami people and their autonomy are recognized, albeit in
different ways — and some only after recent amendments. Despite the recognition of
Sami parliaments as representative bodies of the Sami people and their ability to
represent indigenous peoples on matters affecting them, the Special Rapporteur and
her predecessor have raised concerns several times about the limited decision -making
power of the parliaments and the challenges they face, given their dual function as a
State administrative agency and a popularly elected body representing the Sami
people (see A/HRC/18/35/Add.2 and A/HRC/33/42/Add.3).
83. In the Congo, Act No. 5-2011 on the Promotion and Protection of the Rights of
Indigenous Populations includes a range of provisions that promote the rights of
indigenous peoples to culturally appropriate development within the sectors of health,
education, work, culture and lands and territories. The Act moreover provides for
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23
24
20/23
Submission received in 2018 from an expert of the Permanent Forum on Indigenous Issues.
In addition to the Sami in Norway, Sweden and Finland, there are about 2,000 Sami living in the
Russian Federation, where they are represented through non-governmental organizations.
18-11856