Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent KEY QUESTIONS • What is self-determination? • Why is the right to self-determination important for indigenous peoples? • What can indigenous peoples do to promote and exercise their right to self-determination? • What procedures should be used for consultations with indigenous peoples? What does free, prior and informed consent mean? • When does the right to consent apply? 1. THE RIGHT TO SELF-DETERMINATION, AUTONOMY, SELF-GOVERNMENT AND INDIGENOUS INSTITUTIONS Indigenous peoples have long traditions of self-government, independent decision-making and institutional self-reliance. While particular circumstances vary, indigenous peoples throughout the world have exercised what is now described as the right to self-determination as an inherent right derived from their political, economic and social structures, as well as their cultures, spiritual traditions, histories and philosophies, throughout their histories.89 Historical, and in many cases contemporary, patterns of discrimination have impaired the free exercise of the right to self-determination by indigenous peoples and interfered with their capacity to exercise control over those decisions which impact their daily lives. In many cases, the lack of meaningful involvement of indigenous peoples in decision-making processes has resulted in detrimental impacts, marginalization and a legacy of economic, social, cultural and physical challenges. Indigenous peoples’ rights to autonomy and self-government are reflected throughout the Declaration, but chiefly in articles 3 and 4. These provisions affirm that: … indigenous peoples have the right to self-determination …in exercising their right to selfdetermination, [indigenous peoples] have the right to autonomy and self-government in matters relating to their internal and local affairs. Reflecting the state of contemporary international law, the affirmation of self-determination in the Declaration is deemed compatible with the principle of territorial integrity and political unity of sovereign 89 United Nations Declaration on the Rights of Indigenous Peoples, seventh preambular paragraph. Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent | 19