Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation
It has been noted that indigenous peoples are “distinct from, yet joined to, larger units of social and
political interaction”.98 Self-determination serves as a basis for those interactions and the meaningful
participation of indigenous peoples facilitates effective, good-faith dialogue:
The fundamental condition to realizing the right of self-determination in practice is trust between
peoples. Trust is impossible without cooperation, dialogue and respect. Governments have
nothing to fear from indigenous peoples; they can learn to respect and trust ... to be able to live
together peacefully, without exploitation or domination [indigenous peoples and Governments]
must continually renegotiate the terms of their relationship.99
Consequently, the recognition and promotion of indigenous peoples’ right to self-determination
buttresses the processes of forming and maintaining constructive relations between indigenous peoples
and States and facilitates mutual efforts to overcome legacies of historical injustice:
[T]he right of self-determination of indigenous peoples should ordinarily be interpreted as their
right to negotiate freely their status and representation in the State in which they live. This might
best be described as a kind of “belated State-building”, through which indigenous peoples are
able to join with all the other peoples that make up the State on mutually-agreed and just terms,
after many years of isolation and exclusion. This does not mean the assimilation of indigenous
individuals as citizens like all others, but the recognition and incorporation of distinct peoples in
the fabric of the State, on agreed terms.100
There are many approaches to achieving effective implementation of the right to self-determination within
the State context and the most effective are those that are developed in cooperation with indigenous
peoples.
Young Salaseca Indians in Ambato, Ecuador. UN Photo/Milton Grant.
98
J. Anaya, “The right of indigenous peoples to self-determination in the post-Declaration era” in Making the Declaration Work: The
United Nations Declaration on the Rights of Indigenous Peoples, p. 193.
99
E. Daes, “Striving for self-determination for indigenous peoples” in In pursuit of the right to self-determination, Y. Kly and D. Kly,
eds. (2000), p. 57.
100
E/CN.4/Sub.2/1993/26/Add.1, para. 26.
Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent | 21