ADRIP Article XXI: The Right to Self-Government
Article XXI of the American Declaration affirms that Indigenous peoples govern their own internal and local affairs, and finance that governance.
ADRIP Article XXI(1) states that Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. UNDRIP Article 4 uses the same words.
“Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.”
“Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.”
Reading the article phrase by phrase
“In exercising their right to self-determination.” Self-government is presented as the practical exercise of self-determination, the right affirmed in Article III.
“Autonomy or self-government.” The article affirms that Indigenous peoples run their own affairs through their own institutions.
“Internal and local affairs.” This is the domain the article names: the matters that belong to the nation and its people, such as membership, records, internal procedure and the institutions that serve them.
“Ways and means for financing their autonomous functions.” Governance costs money. The article affirms that Indigenous peoples may develop the means to pay for their own institutions. See Jurisdiction and Tax Authority.
The exercise of a people’s right to self-determination through its own institutions, in matters relating to its internal and local affairs.
How the Republic applies Article XXI
The Entry-Level Tribal Law Course reads Article XXI as affirming that Indigenous governments may administer their internal affairs, develop administrative systems, administer citizenship and issue identification to their people. The Xi-Amaru Republic does each of these through the Aboriginal Ministry of Justice. Article XXII, which affirms Indigenous institutional structures and juridical systems, completes the picture; see What Is Tribal Law?.
Authority comes from the people
Article XXI does not create self-government. It affirms a right that exists because Indigenous peoples exist. The Republic’s position is that its authority comes from its people and, above them, from God; the declaration states the standard that member states of the Americas adopted.
Learn about Republic identification
Identification issued under the Republic’s jurisdiction is administered by the Aboriginal Ministry of Justice.
Questions people ask
What does ADRIP Article XXI say?
That Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Is ADRIP Article XXI the same as UNDRIP Article 4?
The first paragraph of ADRIP Article XXI uses the same wording as UNDRIP Article 4.
Does Article XXI cover financing?
Yes. It names ways and means for financing autonomous functions as part of self-government.
Adapted from the Entry-Level Tribal Law Course Workbook, Chapters 2 and 6. © Aboriginal Ministry of Justice. Declaration text checked word for word against the primary sources: ADRIP, AG/RES. 2888 (XLVI-O/16) and UNDRIP, A/RES/61/295. This article is general education, not legal, tax or financial advice.
