A/HRC/15/35
isolation and distance from the centre of power, continue to practise their traditional
decision-making methods without interference.44
65.
Even in areas where traditional decision-making institutions remain intact, there may
also be interference and a lack of respect for decisions made by indigenous institutions. In
most countries, for example in Asia,45 the establishment of village councils/committees
responsible mainly for infrastructure development46 has compartmentalized community
concerns and kept interest away from maintaining cultural integrity (social, spiritual and
cultural aspects of life), directing their focus towards a different model of development.
Related challenges include limited jurisdiction of indigenous institutions in deciding on
matters concerning communal land and resources, divisions within indigenous
communities, and conflicts where indigenous models of development and thinking are not
respected or understood. Finally, there is the challenge of effective intergenerational
transfer of indigenous knowledge, which further contributes to the decline of indigenous
decision-making principles.
66.
The deficiencies of not including women in traditional decision-making systems also
need to be confronted. This challenge provides an opportunity to address issues that
governments, non-governmental organizations and social scientists often highlight in
relation to indigenous systems.
IV.
Participation in decision-making mechanisms linked to both
State and relevant non-State institutions, and processes
affecting indigenous peoples
A.
Participation in electoral politics
67.
The right of indigenous peoples to participate in electoral politics is grounded in the
formal legal recognition of indigenous peoples as a specific group of peoples with specific
rights. Until very recently, indigenous peoples were often denied this basic recognition, and
it was only in the 1960s that indigenous peoples in a number of settler societies with
significant indigenous populations, such as Australia, Canada and the United States of
America, finally obtained full and unrestricted citizenship rights, including the right to vote.
68.
In Latin America, the return to democratic regimes by the late 1980s, coupled with
the call by indigenous and other social movements for fundamental changes, saw the
passing of new national constitutions that tried to establish a more favourable legislative
and institutional framework for the recognition of truly multi-ethnic, multilingual and
pluricultural societies, in which the right of indigenous peoples to participate in electoral
processes is often the cornerstone of these changes.
69.
While clear progress has been achieved in a number of countries, recognition of
indigenous rights has not been universal, as many States still do not formally recognize the
rights of indigenous peoples in their domestic laws.47 Indeed, very few Asian or African
44
45
46
47
Submission by AIPP (Asia Prepmeeting report).
Submission by AIPP and JOAS (Malaysia).
While the structure of these bodies is similar to that of the traditional council of elders - where
members are selected or appointed from among community members - their aims, values and
approaches are very different.
Submission by the national human rights institution of El Salvador.
17
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