Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation In addition to these approaches, some States, in collaboration with indigenous peoples, have taken significant steps to enhance the legislative and administrative powers of indigenous peoples through guaranteed representation in legislative bodies, constitutionally-protected self-government agreements and legally-mandated consultation with indigenous peoples where administrative and legislative decisions would impact the interests of indigenous peoples.103 For example, the New Zealand Parliament includes seats that have been specifically designated for indigenous Maori, with the number of “Maori seats” determined based on the level of the electoral population. Similarly, the Constitution of Burundi provides six reserved seats for the Batwa indigenous peoples in the National Assembly and the Senate. The Constitution of India also provides for the reservation of seats in the Parliament for indigenous scheduled tribes. As noted previously, the right to self-determination is multi-faceted and is relevant to the meaningful exercise of all of the rights protected in the Declaration, including rights to maintain and develop institutional structures to support the exercise of the right to self-determination. The Declaration specifically recognizes the right of indigenous peoples to establish and control their educational systems and institutions (article 14) and to promote, develop and maintain judicial systems or customs (article 34). The exercise of the right to self-determination is often expressed through the development of treaties, agreements and constructive arrangements based on the mutual agreement of indigenous peoples and States.104 It should also be noted that the Declaration makes clear that the exercise of the rights in the Declaration does not extend to activities or rights which would impair the territorial integrity or political unity of sovereign and independent States.105 The jurisprudence of United Nations bodies and mechanisms provides important guidance on the implementation of the right to self-determination. For example, the Special Rapporteur on the rights of indigenous peoples has recommended to a State that it provide effective recognition of indigenous peoples’ institutions or authority and customary laws, to the extent compatible with universal human rights standards. He has also recommended the facilitation of greater decision-making power by indigenous peoples over the delivery of government services in their communities, enhancements in indigenous peoples’ representation in legislative, executive and judicial institutions at the local, state and federal levels and adequate consultations with indigenous peoples in regard to all legislative or administrative decisions affecting them.106 The right to self-determination is also intrinsically tied to indigenous peoples’ rights over lands and natural resources, which has been identified by the Special Rapporteur as a prerequisite for the continued existence of indigenous peoples throughout the world as distinct peoples.107 The promotion and exercise of the right to self-determination also requires the active efforts of indigenous peoples to develop and strengthen indigenous institutions and other facets of the right to self-determination. The Special Rapporteur has noted that “[i]ndigenous peoples themselves should endeavour to strengthen their capacities to control and manage their own affairs and to participate effectively in all decisions affecting them, in a spirit of cooperation and partnership with government authorities and NGOs with which they chose to work”.108 Strengthening indigenous peoples’ institutions and self-governing structures is an important step towards empowering indigenous peoples to take control of their own affairs in all aspects of their lives and to ensure that development processes are aligned with their own cultural patterns, values, customs and worldviews. 103 Inter-Parliamentary Union, Implementing the United Nations Declaration on the Rights of Indigenous Peoples: A Handbook for Parliaments (2012). 104 See article 37 of the Declaration, and Expert Mechanism on the Rights of Indigenous Peoples Advice No. 2 (2011) on indigenous peoples and the right to participate in decision-making, para. 34. 105 Article 46 (1). 106 A/HRC/12/34/Add.2, paras. 78-82. 107 A/HRC/18/35/Add.2, para. 79. 108 A/HRC/18/35/Add.5, para. 90. Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent | 23