A/HRC/15/35
countries where traditional leaders are now appointed by the government to represent the
community and, in some cases, by companies that have an interest in influencing the affairs
of a particular community.35 Changes in traditional leadership and representation in this
manner have a significant negative impact on the internal decision-making systems of
indigenous peoples.
50.
Where traditional leaders have been put in place by mainstream authorities,
resources are often not made available to support these “new” traditional leaders.
Moreover, not enough training and exposure is given to appointed community leaders to
ensure that legal and administrative decision-making processes result in quality judgements
and decisions. Consequently, many indigenous peoples have lost confidence in, or mistrust,
their own decision-making institutions. Collective reflections by indigenous communities to
revitalize and regain the respect of decision-making processes and institutions are also
lacking. Such efforts would represent a major undertaking and require multiple levels of
intervention, including promoting respect for capable indigenous institutions, asserting the
right to internal decision-making, and advocating for recognition of indigenous customary
institutions.
51.
Many indigenous peoples continue to utilize, have access to and develop traditional
decision-making structures for internal purposes, notwithstanding the lack of formal
recognition of these institutions by the State. Some indigenous peoples, nations and
communities also prefer to remain unrecognized, and forgo the funding, services,
programmes and legal protections that come with recognition in order to maintain full
control and independence over their structures.36
C.
Indigenous parliaments and organizations
52.
Some contemporary indigenous decision-making institutions take the form of
indigenous parliaments and organizations. These institutions are modelled on traditional
decision-making institutions, comprising leaders selected by the people they aim to
represent, and are often guided by statutes and adopt functions that promote the integrity
and well-being of their constituency or community.
53.
The Sami Parliaments provide a clear example of an indigenous parliament; the
indigenous governance in Kuna Yala represents another kind of institution.37
54.
Many indigenous peoples and communities have now established organizations at
the local, national, regional and international levels to facilitate decision-making internally,
and also to engage with the State on various matters.
D.
Indigenous legal systems
55.
Indigenous legal systems, which include legislative (indigenous laws), judicial and
procedural aspects, are critical to internal decision-making. The judicial and procedural
aspects include rulings of indigenous courts by the chiefs and councils of elders when
35
36
37
14
Submission by AIPP. See also E/C.19/2010/6.
These include the sovereign independent Seminole Nation of Florida and the Western Shoshone
National Council, United States of America.
The Kuna Yula is an autonomous territory, or comarca, in Panama, inhabited by the Kuna indigenous
people. The name means “Kuna-land” or “Kuna mountain” in the Kuna language. See Vicente
Cabedo Mallol, Constitucionalismo y Derecho Indígena en América Latina (Valencia, Polytechnic
University of Valencia Press, Collección Amadis), pp. 243–247.
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