A/HRC/15/35
conducted according to rules until an agreement is reached or affirmed. The main aim of
any dispute resolution, whether among community members or with others, is primarily to
maintain peace, unity and harmony.
46.
With the guidance of indigenous laws and dispute-resolution procedures, decisions
are generally reached through inclusive and participatory processes. Even in communities
with strict systems of hierarchy, the chiefs or headmen are expected to obtain counsel from
wise elders, provide a fair hearing to aggrieved parties, and provide an explanation to the
community for any disputed decisions. This applies to standard-setting for the community,
including guidelines for the management of resources and judicial matters. In the case of
major issues that could dramatically affect the survival of a community, such as a dispute
over resources, a unanimous decision is often required from a council of elders and the
community as a whole.
B.
Indigenous decision-making institutions
47.
The structure of traditional decision-making institutions varies; systems may be
hierarchical or flat, but generally there is a council responsible for administering matters in
order to maintain the peace, harmony and well-being of a community. Indigenous
institutions usually embody democratic principles in reaching decisions through consensus,
and these are manifested in power-sharing and co-responsibility among council members.
Personal integrity, reliability, honesty and far-sightedness are characteristics applied in
selecting community leaders or council members, besides their knowledge, wisdom and
sense of justice. The recognition and transfer of authority and leadership, whether
hereditary or through selection, are also guided by oral history and spiritual and ceremonial
traditions.33
48.
Leaders and council members play an important role in ensuring cultural, legal,
health, economic and political integrity, as well as the development and intergenerational
transfer of knowledge. Within the council of elders, the village chief is often tasked with
the overall administration of the village and presides over community meetings and
hearings to ensure security, peace and stability in the community and that indigenous laws
and rituals are followed. The role of other council members is often to advise the village
chief on important matters of concern according to their specialization and to decide
collectively on various matters. Some communities have shamans or priestesses, whose role
is to advise the council on spiritual matters. This involves all aspects of life, such as birth,
puberty, marriage and death, as well as on security, and traditional occupations upon which
a particular community depends.34
49.
One key concern for traditional decision-making institutions is that the influence of
contemporary structures has sometimes led to the council of elders falling into disuse. In
such cases, village chiefs are the only recognized authority for administering matters that
concern the community. Not only does this place a burden on the leadership of the
community, it has also effectively eroded the democratic decision-making principles of
indigenous communities. Under pressure to act as the spokesperson for governments, this
arrangement has led, in many countries, to a decline in the village chief’s objectivity and
ability to support the interests of the community. This situation is made worse in some
33
34
Submissions by the New Zealand Human Rights Commission; Ramy Bulan and JOAS (Malaysia);
AIPP; Survival International; Les Malezer (Australia); and Wilton Littlechild, Andrea Carmen,
Kenneth Deer (North America).
Submissions by JOAS (Malaysia); Wilton Littlechild, Andrea Carmen, Kenneth Deer (North
America); and the New Zealand Human Rights Commission.
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