A/74/149 indigenous peoples may create autonomous indigenous territorial constituencies, which are to be incorporated into the political and administrative structures of the decentralized State. However, the complex process of establishing those constituencies, the lack of State support and the subordination of the model to the administrative division and procedures of the State are factors that may explain the limited interest of indigenous peoples in their creation. 68 70. The 2009 Constitution of the Plurinational State of Bolivia provides that indigenous peoples have the right to self-determination, which includes the rights to autonomy, self-government, culture, institutions and the consolidation of their own territorial entities. Through Act No. 3760 of 7 November 2007, the United Nations Declaration on the Rights of Indigenous Peoples was incorporated into national law. The Framework Act on Autonomous Entities and Decentralization (No. 031 of 19 July 2010) allows for the establishment of “indigenous and aboriginal campesino autonomous entities”, which can be created by means of conversion to municipalities or territorial entities. Although the legal framework requires complex exercises of adjustment and the administrative process is extremely long and bureaucratic, some indigenous peoples are creating their own self-governed autonomous entities within the framework. 69 Such is the case of the Guarani Autonomy of Charagua-Iyambae, for which a statute of autonomy was adopted in September 2015. 70 In 2016, representatives to all autonomous bodies were elected, and they took office in 2017. The implementation of this model through the traditional collective decision-making bodies is proving difficult, as it involves making consensual structural decisions inside an autonomy circumscription that does not match traditional territorial divisions and includes non-indigenous populations. Nevertheless, the CharaguaIyambae autonomous government is designing tools for territorial planning and management inspired by the community’s cultural paradigms and adopting ways of coordinating with the traditional authority structures. The case illustr ates the potential, as well as the difficulties, of the exercise of autonomy or self -government through frameworks of planning and management that are very different from the reality, practices and logics of indigenous peoples themselves. 71. Nepal initiated a historic process of recognition of the rights of indigenous nationalities during the transition to multiparty democracy through the adoption of the 1990 Constitution. In 2002, the National Foundation for Development of Indigenous Nationalities Act was adopted. Promising steps taken towards the recognition of indigenous peoples’ rights are the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), of ILO and the adoption of the 2007 Interim Constitution, which provided for some cultural and participation rights. Indigenous participation in the process to develop a new constitution after 2007 and to establish a federal State, which indigenous nationalities considered an opportunity for the recognition of their autonomy and self-government, was increasingly restricted, and the adopted 2015 Constitution does not adequately reflect the aspirations and proposals of indigenous nationalities. 71 __________________ 68 69 70 71 20/23 The implementation of the Constitution was the focus of the Special Rapporteur’s mission to the country in 2018 (see A/HRC/42/37/Add.1). A total of 36 indigenous autonomous entities have begun the process towards self -government, 21 of which are doing so by converting into municipalities and 15 into indigenous territorial entities (IWGIA, The Indigenous World (Copenhagen, 2018), p. 181). Following a 2009 referendum through which participants declared their support for the establishment of an autonomy. A/HRC/12/34/Add.3; see also Case No. NPL 5/2012 and AL 15/10/2012 in A/HRC/24/41/Add.4, and CERD/C/NPL/CO/17-23, paras. 22–23. 19-11889

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