Right to self-government Deiniion of terms and scope

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 26 In other situations, the scope of an indigenous self-government system may be a defined socio-political or ethnic but non-territorial constituency, whereby the units are not clearly de- marcated into contiguous geographic areas. Examples: • The Saami in Norway, Sweden and Finland do not have territorially demarcated self-government units, but have a Saami Parliament each in the aforesaid three countries. • Similarly, there is an Assembly of First Nations in Ottawa, Canada, where indigenous chiefs from all over Canada meet.

3. National and international contexts

The right to self-determination and self-government may be said to operate in international contexts, insofar as they are applied to cases that may involve fundamental changes in the po- litical relationship between an indigenous people or a conglomerate of indigenous peoples and one or more nation-states. Examples include Greenland as an autonomous region with the option to declare full independence vis-à-vis Denmark; or East Timor winning full political inde- pendence and international recognition vis-à-vis Indonesia. In national contexts, indigenous peoples exercise some degree of self-rule over some defined geographic area or political constituency within the boundaries of the overlying nation-state.

4. Essence

The essence of the right to self-determination is actually embodied in just two words: con- sent and control. • Consent This is the freedom of a people to say yes or no, to accept or reject any proposal, project, pro- gram or policy, any activity or action that has any sort of implication on their individual lives and their life as a community, and on their territory, the lands this encompasses, the other resources it holds. A people can exercise this freedom within any context, whether or not the people are self-governing. • Control A people, however, may be able to exercise greater power – i.e., the power of control. More than just having the freedom to react positively or negatively to the initiatives of others, they can actively some use the word pro-actively set their own guidelines or rules, formulate their own laws and policies, outline their own programs and projects, and get these enforced or imple- mented. They are able to exercise full sovereignty over their life as a community, their territory, the lands it encompasses and the other resources it holds. Such a people fully enjoy the right to self-determination because they are fully self-governing. UN DECLARATIONS AND STUDIES Martínez, Miguel Alfonso Rapporteur. 1999. Study on Treaties, Agreements and Oth- er Constructive Arrangements between States and Indigenous Populations ECN.4 Sub.2199920, 22 June 1999. Module-1 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 27 Declaration on Principles of International Law Concerning Friendly Relations and Co- operation among States in Accordance with the Charter of the United Nations 24 Oc- tober 1970. Vienna Declaration on Human Rights 25 June 1993. UN Declaration on the Granting of Independence to Colonial Countries and Peoples 14 December 1960. REFERENCES AND FURTHER READING MacKay, Fergus. 2005. Indigenous Peoples and United Nations Human Rights Treaty Bodies: Vol. I 1993-2004 and Vol. II 2005-2006 UK: Forest Peoples’ Programme. Clark, Donald and Robert Williamson, ed. 1996. Self-Determination: International Per- spectives London and New York: Macmillan.

II. UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT

A. Core Aricles

PP16 Acknowledging that the Charter of the United Na- tions, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as the Vienna Declaration and Programme of Action, affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, PP17 Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law, Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural develop- ment. Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autono- my or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Present the following UND- RIP provisions, involving the participants in reading them. Discuss and elaborate on the provisions, relating them with one another. Suggested Method Module-1