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to justice for indigenous peoples. 51 In several countries joint bodies, such as
dialogue round tables, with participation of indigenous peoples and State
institutions, have been created: they either deal with specific matters 52 or exist as
permanent mechanisms. 53 Provided they comply with the basic requirements of full
and effective participation by indigenous peoples in decision -making and respect for
indigenous appointment processes, these bodies can play a decisive role in
advancing respectful and continuous intercultural dialogue between in digenous
peoples and States that may bring about the needed changes. They can also be
instrumental in preventing and solving conflict situations.
46. Even when special institutions devoted to indigenous peoples exist, lack of
adequate coordination and lack of awareness and capacity among State institutions
with regard to indigenous issues are common problems cited across countries in
terms of enforcing legislation and other measures. The mandate holder has
repeatedly recommended that States develop specialized training programmes for
government officials as well as members of the legislative branch and the judiciary
on the rights of indigenous peoples. Members of the police force, the military and
penitentiary staff should also receive training. Indigenous peoples should be
involved in designing such programmes and adequate technical and financial
resources for these should be provided.
47. Another common concern is how the governmental institutions dealing with
indigenous peoples are presented as being indigenous peoples’ representative
institutions. The mandate holder has stressed the right of indigenous peoples to
maintain their own institutional structures and political systems and to participate in
decision-making through their own representatives chosen by themselves through
their own procedures, as set out in article 18 of the Declaration. Their full and
effective participation in the public life of the State should be ensured.
48. Moreover, the collective right of self-determination may be expressed in
different forms of self-governance and autonomy. 54 Very diverse good practices
regarding the recognition of indigenous governing institutions can be found in
different countries, depending on historical and political factors. 55 In 2009 Denmark
adopted the Act on Greenland self-government. Under the preamble, the people of
Greenland are recognized as a people under international law with the right to self determination.
49. In other countries, indigenous peoples are developing their own proposals of
autonomy in accordance with the Declaration, such as the Autonomous Territorial
Government of the Wampis Nation in Peru. In Bolivia, the first autonomous local
government took office in the province of Charagua in January 2017. In addition,
new institutions have been created, such as the Sami Parliaments in the Nordic
countries, the National Congress of Australia’s First Peoples, and numerous
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52
53
54
55
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Examples include Brazil, Honduras and Paraguay.
For example, Mesa sobre consulta in Costa Rica; and Comisión multisectorial sobre acuerdos
bloque 192 in Peru.
For example, Mesa Permanente de Concertación con los Pueblos y Organizaciones Indígenas in
Colombia; and Mesa Permanente sobre Derechos de los Pueblos Indígenas in El Salvador.
United Nations Declaration on the Rights of Indigenous Peoples, articles 3, 4 and 5.
See A/HRC/18/35/Add.4 (2011); A/HRC/21/47/Add.1 (2012); and A/HRC/27/52/Add.2 (2014)
on treaty-based recognition. See also A/HRC/15/37/Add.3 (2010) and A/HRC/27/52/Add.1
(2014) for good practices in Latin America; and A/HRC/15/37/Add.6 (2010) and
A/HRC/33/42/Add.3 (2016) for Nordic countries. For Africa, see A/HRC/15/37/Add.2 (2010);
A/HRC/18/35/Add.5 (2011); and A/HRC/24/41/Add.1 (2013). In Asia, Malaysia recognizes
certain levels of governance for natives of Sabah and Sarawak, while in India the Panchayat
(Extension to the Scheduled Areas) Act, 1996, grants local decision-making power to the tribal
councils.
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