Second Section
Analysis of the legal
grounds of the right to
consultation and free, prior
and informed consent
2. Legal Framework
2.1 Self-determination as a foundation
The rights of indigenous peoples to the respect and guarantee of self-determination
established in International Law help safeguard the ability of said peoples to control
their own destinies and exercise their rights fully.12
The United Nations Declaration on the Rights of Indigenous Peoples expresses
that Indigenous Peoples have the right to self-determination. By virtue of that right
they freely determine their political status and freely pursue their economic, social
and cultural development (Art. 3). Additionally, it indicates that Indigenous Peoples,
in exercising their right to self-determination, have the right to autonomy or self12 The right of peoples to self-determination has been recognised by the International Law of Human Rights in several
instruments. Here, it is important to point to article 1 shared by the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), (Article 1, number 1. All
peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely
pursue their economic, social and cultural development.) The Committee on Economic, Social and Cultural Rights, an
organisation of independent experts that supervises compliance with the ICESCR, has interpreted this as being applicable
to Indigenous Peoples. (UN, Committee on Economic, Social and Cultural Rights, Consideration of reports submitted
by States Parties under Articles 16 and 17 of the Covenant. Concluding Observations on the Russian Federation (thirtyfirst session). UN Doc. E/C.12/1/Add.94, 12 December 2003).
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