The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions and independent States.90 In article 3, the Declaration affirms the right of indigenous peoples to selfdetermination, in terms that mirror the common provisions of article 1 of the two 1966 International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The Declaration articulates its application in relation to the particular circumstances of indigenous peoples. Consequently, indigenous peoples have the right to determine their own economic, social and cultural development and to manage, for their own benefit, their own natural resources. The duties to consult with indigenous peoples and to obtain their free, prior and informed consent are crucial elements of the right to self-determination.91 It is worth noting that the Committees that oversee the implementation of common article 1 of the Covenants have confirmed that this right applies to indigenous peoples, among other peoples. For instance, the Committee on Economic, Social and Cultural Rights expressed its concern “about the precarious situation of indigenous communities in the State party, affecting their right to self-determination under article 1 of the Covenant” and urged “the State party to intensify its efforts to improve the situation of the indigenous peoples and to ensure that they are not deprived of their means of subsistence”.92 The right to self-determination is a collective right held by all members of an indigenous community or nation as a group and must be exercised in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.93 As is the case with all rights in the Declaration, the right to self-determination is universal, inalienable and indivisible. It is also interdependent and interrelated with all of the other rights in the Declaration.94 While all rights in the Declaration are understood to have equal status, the right to self-determination has been described as a “foundational” right, without which the other human rights of indigenous peoples, both collective and individual, cannot be fully enjoyed”.95 Accordingly, the right to self-determination should be an everpresent consideration in the effective implementation of the Declaration and is vital for the continuing existence of indigenous peoples as distinct peoples.96 Autonomous political, economic and social structures of indigenous peoples support the effective exercise of their right to self-determination. The Declaration recognizes the right of indigenous peoples to autonomy or self-government in matters relating to their internal and local affairs (article 4), as well as 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 (article 5). The Declaration also recognizes that indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, judicial systems or customs, in accordance with international human rights standards (article 34). The Declaration affirms that indigenous peoples have the right to ways and means for financing their autonomous functions (article 4) and that indigenous peoples have the right to access financial and technical assistance from States, and through international cooperation, for the enjoyment of the rights contained in the Declaration (article 39). The Special Rapporteur on the rights of indigenous peoples has recommended to a State that sufficient funding be provided for indigenous peoples to effectively exercise their self-governance functions.97 90 Article 46 (1). 91 Expert Mechanism on the Rights of Indigenous Peoples, “Final report of the study on indigenous peoples and the right to participate in decision-making” (A/HRC/EMRIP/2011/2). 92 “Concluding observations of the Committee on Economic, Social and Cultural Rights: Russian Federation” (E/C.12/1/Add.94), paras. 11 and 39. 93 Article 46 (3). 94 Inter-Agency Support Group on Indigenous Issues, United Nations Development Group Guidelines on Indigenous Peoples’ Issues (22 October 2009), p. 27. 95 Special Rapporteur on the rights of indigenous people, “The situation of indigenous peoples in Brazil” (A/HRC/12/34/Add.2, 2009), para. 22. 96 Inter-Agency Support Group on Indigenous Issues, United Nations Development Group Guidelines on Indigenous Peoples’ Issues (22 October 2009), p.17. 97 A/HRC/18/35/Add.2, para. 78. 20 | Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent