A/HRC/15/35 40. Finally, several treaties between States and indigenous peoples affirm the principle of the consent of indigenous peoples as an underpinning of the treaty relationship between States and indigenous peoples.31 41. The right of indigenous peoples to free, prior and informed consent forms an integral element of their right to self-determination. Hence, the right shall first and foremost be exercised through their own decision-making mechanisms. As the right to free, prior and informed consent is rooted in the right to self-determination, it follows that it is a right of indigenous peoples to effectively determine the outcome of decision-making processes impacting on them, not a mere right to be involved in such processes. III. The internal decision-making processes and institutions of indigenous peoples 42. Owing to the diversity of situations in which indigenous peoples find themselves today, it is difficult to cover the characteristics of their internal decision-making processes and institutions globally. The present section can only generalize on the principles of indigenous decision-making processes upheld by societies that find themselves in traditional and contemporary settings. A. Indigenous decision-making processes 43. The everyday lives of indigenous peoples, both egalitarian communities with no obvious hierarchy and more hierarchical ones, are often guided by traditional indigenous legal systems, referred to in certain jurisdictions as “customary laws”. This term refers to a range of legal instruments and can include a variety of distinctive customs, spirituality, traditions, procedures and practices. 44. Traditional decision-making processes can be localized and restricted to the village level, be geographically wide or apply to a whole community of a particular indigenous people. While these traditional legal systems are dynamic and responsive to the modern world, the laws of a particular community are constantly reinforced through traditional practices, socialization and intergenerational transfer of knowledge. These laws also guide the bulk of decisions made by the respective indigenous authorities.32 45. Decision-making processes include dispute resolution or the adjudication of important matters that often rely upon traditional leaders/chiefs and advisers, a council of elders or, in some communities, the convening of a council. Wisdom and experience account for a large component of decision-making by the leaders or council members, but generally, depending on the nature of the concern, all community members are free to participate in discussions directly or indirectly. As much as possible, problems are solved by consensus using procedures that engage all affected parties and exhaust dissent. Where necessary, the physical resolution of differences between parties may involve battles 31 32 12 In Canada, treaties Nos. 6, 7 and 8 contain provisions on the consent of indigenous peoples. For instance, treaty No. 6, concluded in 1876, provides that “…whereas the said Indians have been notified and informed by Her Majesty’s said Commissioners that it is the desire of Her Majesty to open up for settlement, immigration and such other purposes ... and to obtain the consent thereto of Her Indian subjects inhabiting the said tract…” (para. 3). Submissions to the Expert Mechanism on the Rights of Indigenous Peoples by Ramy Bulan and the Indigenous Peoples Network of Malaysia (JOAS) (Malaysia); Les Malezer (Australia); First Nations Summit (Canada); and Asia Indigenous Peoples Pact (AIPP).