A/HRC/21/54
16.
The Mexican Commission for the Development of Indigenous Peoples has as one of
its principal objectives the harmonization of federal and state-level laws with respect to the
rights of indigenous peoples. It has referenced the Declaration in its work in this area.
2.
Self-determination and autonomy
17.
Mexico’s Constitution, as a result of amendments in 2001, recognizes indigenous
peoples’ self-determination and their collective rights.
18.
Several States identified legislation that recognized indigenous peoples’ right to
autonomy. Most of the legislative provisions recognizing or creating indigenous
autonomous areas require indigenous peoples to vote in favour of becoming autonomous.
Indigenous jurisdiction over these autonomous areas varies. Some States indicated that
these autonomous areas utilize indigenous peoples’ own laws and institutions.
19.
Bolivia has begun a process of recognizing the autonomy of indigenous
communities. Several communities have voted in favour of autonomy and have begun the
process of developing their statute for autonomy with technical support from the Ministry
of Autonomy. The process recognizes the need for equal participation of women in the
governance structure.
20.
Burkina Faso has also begun a process of decentralization through its Loi LNo. 0552004/AN. This law entrenches the right of territories to govern themselves and to manage
their own affairs to promote their own development and reinforce local governance. This
decentralization process has transferred jurisdiction in socio-economic and cultural matters,
specifically in the areas of education, health, culture and economic development projects.
21.
The law in the Congo guarantees indigenous peoples the right to administer their
internal affairs and to have recourse to their customs to resolve internal conflicts. The law
also protects indigenous peoples’ customs and traditional institutions.
22.
The Constitution of Guyana established the Indigenous Peoples’ Commission, which
is one of five constitutional rights commissions. The objective of the Indigenous Peoples’
Commission is to “establish mechanisms to enhance the status of indigenous peoples and to
respond to their legitimate demands and needs”. As part of its mandate, the Indigenous
Peoples’ Commission offers recommendations on indigenous peoples’ participation in
national decision-making and other decisions that affect their lives. In Guyana, the
Amerindian Act 2006 provides for Village Councils to govern internal affairs.
23. Denmark passed the Act on Greenland self-government in 2009. Under the preamble,
the people of Greenland are recognized as a people under international law with the right to
self-determination. The current Government of Greenland is a democratically elected
public Government where all the current members of Parliament and Government are of
Inuit descent.
3.
Participation in decision-making, including obligations to seek to obtain indigenous
peoples’ free, prior and informed consent
24.
Most States provided information on legislative and policy measures to implement
the right to participate in decision-making. There were two aspects to the information
provided: participation in national decision-making and consultation on decisions affecting
indigenous peoples’ rights.
25.
In Bolivia, indigenous peoples are represented in legislative bodies. In the
Parliament of Burkina Faso there are Peulh and Tourareg elected representatives and
ministers of the Government.
7