“Nadie va darnos la autonomía; la autonomía no se da, se gana, a través la participación” [indigenous leader at the Mexico Workshop]
An International Workshop on this topic was held in Mexico City, March 11-13, 2019. Gathering some 60 participants from around the world, the workshop aimed at sharing and analyzing experiences among Indigenous Peoples, on the recognition and exercise of autonomy and self-government, as a manifestation of the right to self-determination.
The specific objectives of the Workshop were to: a) Value and promote the establishment of networks and the exchange of knowledge among the participants, especially among the members of the various Indigenous Peoples. b) Analyze the political and legal context in which the demands and the exercise of the right to autonomy and self-government of Indigenous Peoples are developed, examining the ways in which contemporary States have responded to them, and c) Identify the main processes, models and achievements in terms of indigenous autonomies and self-governance as well as the options and challenges that exist.
The Workshop was organized by the Inter-American Commission on Human Rights, the UN Special Rapporteur on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues, the UN Expert Mechanism on Indigenous Peoples Rights and IWGIA (International Workgroup on Indigenous Affairs), in collaboration with the Office of the UN High Commissioner for Human Rights. It was hosted by The National Institute of Indigenous Peoples of Mexico. The Director of the Indigenous Peoples’ Rights Program of Columbia’s Institute for the Study of Human Rights also participated in the Workshop.
The workshop build on the current discussions on the implementation of Indigenous Peoples’ right to autonomy and self-government carried out by international human rights mechanisms and the concrete experiences presented by the Indigenous Peoples present at the workshop. The international indigenous-related bodies mentioned above that co-organized the Workshop have been dealing with autonomy and self-governance issues in their work. For example, the UN Special Rapporteur on the Rights of Indigenous Peoples, Victoria Tauli-Corpuz, presented an introductory comment on the issue of indigenous peoples and self-governance to the UN General Assembly in October 2018 (A/73/176, see https://undocs.org/A/73/176).
A publication with models of autonomy by Indigenous Peoples in 17 countries (7 in Latin America, 1 in North America, 2 in the Arctic, 1 in Russia, 3 in Asia and 1 in Africa) was produced as a background document for the Workshop. The results of the Workshop will feed into the work of international human rights mechanisms dealing with Indigenous Peoples’ rights.
The discussions clearly showed that, despite various challenges, Indigenous Peoples exercise their right to autonomy and self-governance, whether territorial, functional or both. Most of the autonomy systems are based on indigenous customary law ( for example, 417 of the 570 municipalities in Oaxaca, Mexico, rule themselves according to usos y costumbres), which is evolving as contemporary needs and visions of Indigenous Peoples require. In some instances, indigenous autonomies are the result of agreements with states, others are subsequently recognized by the state, others simply function de facto. Speakers celebrated the value of Indigenous Peoples autonomy and self-governance as positive examples that improve the life of Indigenous Peoples and their communities on the ground. Among the challenges identified were the issue of resources, taxation, the role of women, including in indigenous justice systems, resistance to destructive mega projects, the persecution of indigenous human rights defenders, and the ”statization” of indigenous autonomies in some cases.
Various international and national court decisions have affirmed the right to indigenous autonomy and self-government. Participants stressed that autonomy is not a threat against anybody, but a way to maintain indigenous cultural identity, to educate the young in indigenous thinking and to conserve the lands and territories.
