A/HRC/15/35
75.
Other aspects of indigenous participation in electoral processes include increased
visibility and influence of indigenous political parties. However, it is also important to
ensure that mainstream political parties take into account the need for diversity within
parties and ensure adequate indigenous representation within their own structures to avoid
ongoing exclusion, particularly of numerically small indigenous groups. Special
arrangements that provide for indigenous influence in governmental decision-making often
include ensuring indigenous representation in elective bodies. Examples of these initiatives
may be found in Burundi and Rwanda, where specific measures have been taken to ensure
the representation of the Batwa in parliament.
76.
It is possible that more than one measure is needed. For example, in New Zealand, a
combination of reserved seats and proportional representation has led to the Maori being
represented in parliament in proportion to their population. Other political factors, including
in relation to political parties, have also contributed in such a way that Maori interests are
currently much better represented in parliamentary decision-making.
77.
There are also risks, despite special measures being taken. In Nepal, for example,
despite the significant number of indigenous representatives resulting from demands for
proportional representation in the Constituent Assembly that is currently drafting the
country’s new constitution, the formal representatives were chosen by political parties and
are expected to act in strict conformity with the manifestos of those parties.54
78.
A related risk is that a minority representation will be unable to protect indigenous
interests in the face of political opposition. Although parliamentary systems differ,
indigenous parliamentarians should have access to leadership positions within the
parliament. Without the support of parliamentary leaders, indigenous parliamentarians
experience difficulty in getting their proposals onto the parliamentary agenda and in
moving them through the parliamentary process.55
C.
Direct participation in governance
79.
Indigenous peoples also participate in the governance and administrative affairs of
States through a wide variety of mechanisms. Some States have established an indigenous
secretariat, commission or department to ensure that policy decisions made at the national
and international levels take into account the human rights of indigenous peoples.56 It
should be noted, however, that some indigenous peoples are opposed to such a solution,
believing that this compartmentalizes indigenous issues, which should instead be
mainstreamed throughout all political structures.
80.
Some local arrangements provide for communities to define a communal authority,
chosen according to indigenous customs and traditions to represent them legally, and
recognize such communal authority as the administrative and traditional government. A
potential challenge here could take the form of complicated administrative requirements to
gain legal recognition.57
81.
A method commonly used in many countries is to recognize autonomous regions
within a State, whereby indigenous peoples can directly govern themselves and define
matters within that region. Examples include India58 and Nicaragua.59
54
55
56
57
58
Submission by Krishna Bhattachan (Nepal).
Submission by the United Nations Development Programme (UNDP).
Submissions by Nicaragua; Les Malezer (Australia); and JOAS (Malaysia).
Submissions by Nicaragua and AIPP (example of Cambodia in Asia Prepmeeting report).
Constitution of India, Sixth Schedule, 26 November 1949, para. 3 (1).
19
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