A/HRC/15/36
33.
Mr Henriksen further noted that while the current version of the progress report
does not specifically elaborate on the element of “consent” in the principle of free, prior
and informed consent, the members of the Mechanism will address this issue in the final
study. However, he emphasized that the principle of free, prior and informed consent must
be interpreted and understood in light of the fact that contemporary international human
rights law affirms that indigenous peoples have the right to self-determination and this will
have implications for how the requirement of “consent” is understood.
34.
Mr. Henriksen recalled that the Declaration on the Rights of Indigenous Peoples
contains more than 20 provisions affirming either their right to participate in external
decision-making, or their right to develop and maintain their own decision-making
institutions. This underscores the fact that the right to participation of indigenous peoples
is a core principle and right under international human rights law. He concluded by saying
that, while some progress has been made, there remains an urgent need to foster more
inclusive participation in governance through initiatives that strengthen the capacity of
governments to be more responsive to indigenous peoples, and the capacity of indigenous
peoples to claim their rights.
35.
The Chairperson-Rapporteur then invited Ms. Lasimbang, member of the Expert
Mechanism and the other principal co-author of the progress report, to introduce the
remaining two chapters relating to (a) the internal decision-making processes and
institutions of indigenous peoples, and (b) participation in decision-making mechanisms
linked to both State and relevant non-State institutions and processes affecting indigenous
peoples. Ms. Lasimbang noted that it is difficult to cover the characteristics of the internal
decision-making processes and institutions of indigenous peoples globally, in view of the
diversity of situations in which indigenous peoples find themselves. The report however
tries to capture the principles of decision-making processes upheld by indigenous societies
in both traditional and contemporary settings.
36.
In her overview, Ms. Lasimbang stressed that with the guidance of indigenous laws
and dispute-resolution procedures, decisions are generally reached through inclusive and
participatory processes. She noted that the structures of traditional decision-making
institutions vary, but that generally there is a council responsible for administering matters
in order to maintain peace and cohesiveness.
37.
Ms. Lasimbang mentioned that one concern for traditional decision-making
institutions is the influence of contemporary structures that has led to the council of elders
falling into disuse. Changes in traditional leadership and representation have had a
negative impact on the internal decision-making systems of indigenous peoples and many
have lost confidence in their own institutions. Nevertheless, indigenous communities
continue to maintain and adapt decision-making processes and institutions in dynamic
ways, and traditional decision-making systems operate in parallel to other governance
systems in indigenous communities today. There may be interference because of differing
development perspectives between States and indigenous peoples and such interference is
manifested in the limited jurisdiction of indigenous institutions to decide on matters
concerning communal land and resources, and divisions and conflicts, particularly where
indigenous models of development and thinking are not respected or understood.
38.
As regards “external” decision-making or participation by indigenous peoples in
mechanisms linked to both State and relevant non-State institutions and processes
affecting indigenous peoples, Ms. Lasimbang said the topics in themselves are broad
enough to be individual thematic studies. They include participation in electoral politics,
parliamentary processes, State-created bodies, non-governmental associations,
implementation of free, prior and informed consent related to development projects, as
well as participation in regional and international forums and processes. She said that in
preparing the report, the Expert Mechanism faced the burden of capturing the diverse ways
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