E/CN.4/2002/97 page 23 events. Indigenous communities are no exception. Throughout history, local communities have struggled to defend their autonomy against outside encroachment, sometimes successfully, sometimes not. To the extent that indigenous people were incorporated into State structures not of their own choosing during times of colonization or the expansion of the modern nation State, their local forms of government were modified or adapted to suit the interests and needs of the State, creating tensions that have often led to conflict and violence. 77. Indigenous organizations seek to preserve or regain the right to local (and sometimes regional) self-government; they consider this right as part of the fundamental freedoms which international law accords to all peoples. Through negotiations and treaties, constitutional reform or special legislation, indigenous peoples have been able in numerous instances to establish agreements with States regarding this right to self-government. In other cases, however, this has not been possible, and national- or regional-level government units still take it upon themselves to administer the affairs of indigenous communities. Indigenous affairs ministries, departments or bureaux often have specific mandates to that effect and local indigenous governments need to deal with these institutions rather than with those of the national political or administrative system in general. Indigenous organizations may consider this to be a form of discrimination, whereas Governments argue that such arrangements are designed for the protection of indigenous people themselves, in keeping with their best interests (as defined by the State). 78. Recognizing these issues, the Draft United Nations declaration on the rights of indigenous peoples states in article 33: “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive juridical customs, traditions, procedures and practices, in accordance with internationally recognized human rights standards.” 79. How are the various arrangements concerning local self-government among indigenous peoples related to the exercise of their civil and political rights? How has recent legislation affected the protection and enjoyment of these rights? When indigenous self-government differs from constitutional municipal governing structures, how does this affect the human rights situation of indigenous communities? On this topic, as on others mentioned previously, the literature is fragmentary at best and the evidence is too limited to support any far-reaching conclusions. The Special Rapporteur proposes to approach this issue in a comparative framework from the standpoint of human rights and democratic governance, and expects to report back to the Commission in the future. 5. Poverty, standards of living, sustainable development 80. As already noted, indigenous people are very often found among the poorest strata in society, their standards of living are considered to be below average in many respects. Studies have shown high levels of infant mortality, lower than average nutritional levels, lack of public services, difficulty of access to social welfare institutions, lower than average delivery of the services provided by such institutions, inadequate housing and shelter, and generally low indicators associated with the idea of human development. 81. Many States have recognized these problems and promote special policies and measures designed to improve the standards of living of indigenous people. In other areas public policies are not oriented in this direction and the needs of indigenous populations have been neglected.

Select target paragraph3