The Adoption of the Declaration on the Rights of Indigenous Peoples

On September 13, 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), marking a significant milestone in the recognition and protection of indigenous peoples’ rights worldwide.

Background

The journey towards the adoption of UNDRIP was long and complex, spanning over two decades of negotiations. The process began in 1982 when the UN established the Working Group on Indigenous Populations. This group was tasked with developing standards to protect indigenous rights, leading to the drafting of the declaration in 1993. The draft underwent numerous revisions and consultations with indigenous representatives, states, and human rights organizations.

Key Provisions

The Declaration consists of 46 articles outlining the individual and collective rights of indigenous peoples. Some of the key provisions include:

• Self-Determination: Indigenous peoples have the right to self-determination, allowing them to freely determine their political status and pursue their economic, social, and cultural development.
• Cultural Rights: The declaration emphasizes the right of indigenous peoples to maintain and strengthen their distinct political, legal, economic, social, and cultural institutions.
• Land and Resources: It recognizes the rights of indigenous peoples to their lands, territories, and resources, which they have traditionally owned, occupied, or otherwise used.
• Free, Prior, and Informed Consent (FPIC): States are required to obtain the free, prior, and informed consent of indigenous peoples before adopting or implementing legislative or administrative measures that may affect them.

Adoption and Voting

The declaration was adopted by a majority vote in the General Assembly, with 144 countries in favor, 4 against (Australia, Canada, New Zealand, and the United States), and 11 abstentions. The countries that voted against initially expressed concerns about provisions related to land rights and self-determination, fearing they might conflict with existing national laws.

Aftermath and Significance

The adoption of UNDRIP was hailed as a landmark achievement for indigenous rights. It provided a comprehensive framework for addressing the historical injustices faced by indigenous communities and promoting their rights on a global scale. Over time, the countries that initially opposed the declaration have reversed their positions and expressed support, recognizing its importance in fostering reconciliation and promoting human rights.

The declaration has since influenced national and international policies, serving as a guiding document for the protection and promotion of indigenous rights. It has also empowered indigenous communities to advocate for their rights and engage in dialogue with governments and international bodies.

Conclusion

The adoption of the Declaration on the Rights of Indigenous Peoples represents a significant step forward in the global recognition of indigenous rights. It underscores the commitment of the international community to address the challenges faced by indigenous peoples and to promote their dignity, survival, and well-being.