Like the states themselves, their rights of autonomy are inherent. They can espouse a law independent of the state insofar as it is sourced to pre-existing custom and is consistent with state laws necessary for peace and good order. Law and authority is located at the 'lowest' or most local or village level. All above that may be seen as mere federations of interests dependent upon continued support from the base. The power structure to which we are accustomed, where law and power descends from the top down, becomes inverted.
Indigenous societies work from the bottom up.
Given the indigenous structure, and the need to accommodate their interests in the world order, we may need to re-visit the structures and jurisprudence on which our hopes for peaceful coexistence depend. As the Draft Declaration of Indigenous Peoples Rights is shifted to the General Assembly, indigenous people can confidently expect state opposition. The adjudicators have a vested interest. The foundations of democracy and law may also be seen as threatened when peoples affected are excluded from debate. To use terms now in vogue, it may also be questioned whether a free-market situation applies when the market is not freely accessible to all interests.