Indigenous peoples have the right to participate in decision-making in matters which affect our rights, through representatives we chose. As part of this, we have a right to maintain and develop our own decision-making institutions. In order to ensure effective participation in decision-making, three key elements must be met:
Governments have a duty to consult with Indigenous peoples ‘whenever a State decision may affect indigenous peoples in ways not felt by others in society’.
Governments must promote our right to participate in all levels of decision-making. This means ensuring that consultation processes are framed ‘to make every effort to build consensus on the part of all concerned’ and that contemporary forms our governance, including collective decision-making structures and practices, are respected.
Free, prior, and informed consent is fundamental to ensuring effective participation. It should underpin the development of all frameworks for engagement with Indigenous peoples. It requires that: