A/HRC/15/35 I. Introduction 1. The programme of action for the Second International Decade of the World’s Indigenous Peoples highlights the importance of ensuring the effective participation of indigenous peoples in decision-making. One of the five objectives of the programme, as adopted by the General Assembly in resolution 59/174, is to promote the full and effective participation of indigenous peoples in decisions which directly or indirectly affect their lifestyles, traditional lands and territories, their cultural integrity as indigenous peoples with collective rights, or any other aspects of their lives, considering the principle of free, prior and informed consent (A/60/270, paragraph 9 (ii)). In October 2009, the Human Rights Council, in resolution 12/13, requested the Expert Mechanism, in accordance with its mandate, to carry out a study on indigenous peoples and the right to participate in decisionmaking, to present a progress report to the Council at its fifteenth session, and a final study to the eighteenth session. 2. The range of articles in the United Nations Declaration on the Rights of Indigenous Peoples relating to indigenous participation in decision-making highlights the importance of this principle for indigenous rights (see paragraph 8 below).1 Indeed, indigenous participation in decision-making on the full spectrum of matters that affect their lives forms the fundamental basis for the enjoyment of the full range of human rights. This principle is a corollary of a myriad of universally accepted human rights, and at its core enables indigenous peoples to be freely in control of their own destinies in conditions of equality. Without this foundational right, the human rights of indigenous peoples, both collective and individual, cannot be fully enjoyed. 3. Importantly, the Declaration distinguishes between internal and external decisionmaking processes. Thus, indigenous peoples have the right to autonomy or self-government over their internal and local affairs (article 4), as well as the right to participate fully, if they so choose, in the political, economic, social and cultural life of the State (article 5), and to participate in all decisions affecting them or their rights (articles 18 and 19). In other words, the Declaration affirms the right of indigenous peoples to develop and maintain their own decision-making institutions and authority in parallel to their right to participate in external decision-making processes and the political order of the State. The present report will thus focus on both of these areas in light of the relevant international framework. 4. While the concept of “external” decision-making processes can be generally understood to mean both State and non-State institutions and processes affecting indigenous peoples, it should be noted that the Declaration refrains from defining the concept of the “internal and local affairs” of indigenous peoples. Nevertheless, the wording of some of the provisions in the Declaration appears to be conceptually linked to the right to autonomy and self-government, including articles 5 and 14. 5. The principle of participation in decision-making also has a clear relationship with the right of indigenous peoples to self-determination, including the right to autonomy or self-government, and the State obligation to consult indigenous peoples in matters that may affect them, based on the principle of free, prior and informed consent. These legal concepts form an inherent part of any discussion of the right of indigenous peoples to participate in decision-making, and will be considered throughout the report as important aspects of that right. 1 Art. 3–5, 10–12, 14, 15, 17–19, 22, 23, 26–28, 30–32, 36, 38, 40 and 41. 3