A/HRC/15/35
States expressly recognize in their laws or constitutions the existence of indigenous peoples
within their borders.48
70.
However, even where new laws or legislative amendments provide for the formal
recognition of indigenous participation in electoral politics, or allow for such participation
through general equality provisions, the ability to implement these rights often remains a
challenge. Such a case was seen, for example, when over 400 indigenous San peoples were
denied the right to vote in the Botswana 2009 general election, and five San communities
inside the Central Kalahari Game Reserve were omitted from the electoral register.49 Other
barriers impeding the full realization of these rights include the requirement of
identification cards for voting, which can exclude indigenous peoples who often do not
have them; the inaccessibility of polling centres; the limited availability of civic and voter
education in indigenous languages; the use of money, coercion and threats; and the
delineation of electoral boundaries, which can put indigenous peoples at a disadvantage.
B.
Participation in parliamentary processes
71.
Parliament remains the foremost decision-making body in a democracy, where laws
are passed, budgets are allocated and the government is held accountable. Being
represented in parliament is thus practically and symbolically important for indigenous
communities. A parliament that is unrepresentative will disadvantage or even exclude
indigenous communities altogether from the political process, with consequences for the
quality of public life and the stability of the political system and society in general.
72.
Indigenous peoples worldwide have generally enjoyed increased parliamentary
representation in recent years. This has been achieved in various ways, although there are
still many challenges to be faced in improving both representation and its effectiveness.
73.
In certain countries, indigenous peoples have been elected to normal parliamentary
seats without special measures. This has been most successful in States with large
indigenous populations, such as in the Plurinational State of Bolivia50 and in Greenland,
where all members of the Inatsisartut (parliament) and the Naalakkersuisut (cabinet) are of
Inuit descent. In other States, where indigenous peoples are not in the majority, there is also
increased representation; for example, in Nicaragua, indigenous peoples have increased
their representation in the National Assembly.51
74.
Other States have increased indigenous representation through reserved seats for
indigenous representatives in parliament, which may also involve specially defined
electoral districts. Such has been the case, for example, in New Zealand (Aotearoa), since
1867. In some situations, indigenous groups with special political arrangements enjoy
representation in local processes.52 In other circumstances, while there are no formal
obstacles to indigenous participation, historical, structural and social pressures have seen
the increased participation of some groups, but not of others.53
48
49
50
51
52
53
18
ILO, International Labour Standards Department, Indigenous and Tribal Peoples’ Rights in Practice:
A Guide to ILO Convention No. 169 (Geneva, 2009), chap. V.
Submission by Survival International. See also A/HRC/15, paras. 64–76.
Submission by the national human rights institution of the Plurinational State of Bolivia.
Submission by Nicaragua.
Submissions by Bidhayak Chakma and Myenthein Promila (Bangladesh) and AIPP (Asia
Prepmeeting report).
Submission by Ramy Bulan (Malaysia).
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