A/74/149 5. Autonomy through local government structures 72. For many reasons, including as a result of history, patterns of habitation, ways of life, population demographics, processes of colonization and nation -building and legal frameworks, indigenous peoples in certain countries or areas within a country exercise powers of autonomy or self-government through local governments within the conventional administrative structure of the country. A number of countries in Asia recognize to varying degrees indigenous peoples’ traditional institutions as the legal authorities at the local level. 72 That is also the case of indigenous municipalities found, for example, in Ecuador, 73 Guatemala 74 and Mexico. 73. The Constitution of Mexico, following its controversial amendment in 2001, includes a recognition of the right of indigenous peoples to self -determination, although with restrictions that make it difficult to implement the right in practice. 75 The Constitution also includes a recognition of indigenous peoples ’ autonomy regarding, inter alia, the application of their own legal systems to resolve internal conflicts and to elect their authorities or representatives for their internal government according to their norms, procedures and customs. Owing to both the serious constitutional limitations and the lack of enabling legislation to put into effect the right to self-determination, indigenous peoples in Mexico have developed different ways of exercising autonomy and self-government. An important feature has been the demand of indigenous municipalities and communities to elect their authorities through their customary system. The Constitution of the State of Oaxaca provides for that right, and 417 municipalities (of a total of 570) choose their authorities through their customary election processes and without the presence of political parties. Following the amendment to the Constitution, several municipalities with indigenous peoples appealed to the national electoral courts to demand the recognition of customary electoral systems for municipal elections. This is now the case in Cherán (Michoacán), Ayutla de los Libres (Guerrero) and Oxchuc (Chiapas). 76 6. Functional autonomies: the exercise of autonomy or self-government in specific sectors 74. As mentioned in the previous report, 77 the ethnic-based recognition of indigenous autonomy or self-government in specific sectors also exists in certain countries, which may be exercised beyond the boundaries of indigenous territories. Those functional autonomy arrangements are important in th e context of migration and urbanization, as they may allow indigenous peoples to make decisions on issues affecting indigenous members outside their lands and territories. An example of such an exercise in autonomy is decision-making regarding education laws and policies, including for indigenous children residing outside the traditional territories. 7. Permanent instances for partnership and intercultural dialogue 75. The existence of institutional processes and bodies for intercultural dialogue and continuous engagement between indigenous peoples and States has shown positive results. Sami parliaments in the Nordic countries provide a very relevant example. 78 In Colombia, the Standing Committee for Consultation with Indigenous Peoples and __________________ 72 73 74 75 76 77 78 19-11889 Errico, The Rights of Indigenous Peoples in Asia, p. 27. A/HRC/42/37/Add.1. A/HRC/39/17/Add.3. E/CN.4/2004/80/Add.2, para. 57; A/HRC/39/17/Add.2, paras. 2, 49–50 and 96. A/HRC/39/17/Add.2, para. 51. A/73/176, paras. 68 and 88. A/HRC/33/42/Add.3, paras. 20, 36–37 and 56–59; A/HRC/18/35/Add.2; A/HRC/15/37/Add.6; A/73/176, para. 82. 21/23

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