A/HRC/27/29
64.
The rights of indigenous peoples to participate in political and public life, including
through the maintenance and creation of indigenous forms of governance, are well
established in international law.45 The ILO Indigenous and Tribal Peoples Convention,
1989 (No. 169) contains specific provisions on the participation of indigenous peoples in all
areas of public and political life.
65.
The Expert Mechanism on the Rights of Indigenous Peoples notes that “[m]ore
recently, the indigenous-rights discourse has seen increased focus on rights not only
allowing indigenous peoples to participate in decision-making processes affecting them, but
to actually control the outcome of such processes”.46
66.
The United Nations Declaration on the Rights of Indigenous Peoples contains more
than 20 provisions related to the right of indigenous peoples to fully participate in political
and public decision-making. Under articles 5, 18 and 19 of the Declaration, indigenous
peoples have the right to participate in political life. The Declaration also stipulates that
indigenous peoples have the right to self-determination and in exercising this right, they
have the right to self-government in their internal affairs and the right to develop and
maintain their own decision-making institutions (see articles 2–5 and 18).
67.
Specific positive duties for States to ensure the effective participation by indigenous
peoples in decision-making include those of consultation and cooperation with indigenous
peoples and, in particular, the need to seek the “free, prior and informed consent” of
indigenous peoples in relation to legislative and administrative measures that may affect
them (art. 19).
68.
In addition to the guarantees of equal participation for indigenous peoples in the
broader public life of the State and in decision-making that specifically affects their rights,
the participatory rights of indigenous peoples also have an “internal” dimension. This
aspect relates to the promotion and protection of indigenous peoples’ exercise of autonomy
and self-government and to the maintenance of their own legal and justice systems (see
A/65/264, paragraph 46).
69.
The Secretary-General of the United Nations has made a number of
recommendations addressed to the United Nations on the ways in which the Organization
could better promote the participation of indigenous peoples’ representatives in its different
decision-making bodies as called for in article 41 of the United Nations Declaration on the
Rights of Indigenous Peoples. The Secretary-General’s report on ways and means of
promoting participation at the United Nations of indigenous peoples’ representatives on
issues affecting them discusses barriers to indigenous participation within the United
Nations system and observes that these include the limited resources of many indigenous
groups and the fact that accreditation requirements for consultative status do not recognize
the specificities of indigenous peoples’ representatives who might not be organized as nongovernmental organizations and often have their own governance bodies and institutions
(A/HRC/21/24).
D.
Minorities and equal political participation
70.
Persons belonging to minority groups remain underrepresented in the political and
public processes and governing institutions in most countries “because they are either
actively and intentionally restricted from participation, inadvertently disadvantaged by a
variety of laws or policies, or because there is a lack of political will in the larger society to
45
46
See Human Rights Committee, General Comment No. 23, para. 7.
Expert Mechanism on the Rights of Indigenous Peoples, Advice No. 2 (2011), para. 2.
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