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United Nations adopts Declaration on Rights of Indigenous Peoples

13 September 2007 – The General Assembly today adopted a landmark declaration outlining the rights of the world’s estimated 370 million indigenous people and outlawing discrimination against them – a move that followed more than two decades of debate.

The United Nations Declaration on the Rights of Indigenous Peoples has been approved after 143 Member States voted in favour, 11 abstained and four – Australia, Canada, New Zealand and the United States – voted against the text.

A non-binding text, the Declaration sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues.

The Declaration emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions and to pursue their development in keeping with their own needs and aspirations.

It also prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them, and their right to remain distinct and to pursue their own visions of economic and social development.

General Assembly President Sheikha Haya Rashed Al Khalifa, Secretary-General Ban Ki-moon and High Commissioner for Human Rights Louise Arbour have all welcomed today’s adoption.

Sheikha Haya said “the importance of this document for indigenous peoples and, more broadly, for the human rights agenda, cannot be underestimated. By adopting the Declaration, we are also taking another major step forward towards the promotion and protection of human rights and fundamental freedoms for all.”

But she warned that “even with this progress, indigenous peoples still face marginalization, extreme poverty and other human rights violations. They are often dragged into conflicts and land disputes that threaten their way of life and very survival; and, suffer from a lack of access to health care and education.”

In a statement released by his spokesperson, Mr. Ban described the Declaration’s adoption as “a historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all.”

He called on governments and civil society to ensure that the Declaration’s vision becomes a reality by working to integrate indigenous rights into their policies and programmes.

Ms. Arbour noted that the Declaration has been “a long time coming. But the hard work and perseverance of indigenous peoples and their friends and supporters in the international community has finally borne fruit in the most comprehensive statement to date of indigenous peoples’ rights.”

The UN Permanent Forum on Indigenous Issues estimates there are more than 370 million indigenous people in some 70 countries worldwide.

Members of the Forum said earlier this year that the Declaration creates no new rights and does not place indigenous peoples in a special category.

Ambassador John McNee of Canada said his country was disappointed to have to vote against the Declaration, but it had “significant concerns” about the language in the document.

The provisions on lands, territories and resources “are overly broad, unclear and capable of a wide variety of interpretations” and could put into question matters that have been settled by treaty, he said.

Mr. McNee said the provisions on the need for States to obtain free, prior and informed consent before it can act on matters affecting indigenous peoples were unduly restrictive, and he also expressed concern that the Declaration negotiation process over the past year had not been “open, inclusive or transparent.”

Source: UN News Centre

Adoption of indigenous rights declaration ‘major victory’ for United Nations in long history of developing human rights standards, says chair of UN Forum

13 September 2007 - Following is the message of Victoria Tauli-Corpuz, Chairperson of the United Nations Permanent Forum on Indigenous Issues, on the occasion of the adoption by the General Assembly today of the Declaration on the Rights of Indigenous Peoples:

Through the adoption of the Declaration on the Rights of Indigenous Peoples, the United Nations marks a major victory in its long history towards developing and establishing international human rights standards. It marks a major victory for indigenous peoples who actively took part in crafting this Declaration. The 13th of September 2007 will be remembered as an international human rights day for the indigenous peoples of the world, a day that the United Nations and its Member States, together with indigenous peoples, reconciled with past painful histories and decided to march into the future on the path of human rights.

I hail representatives of indigenous peoples who patiently exerted extraordinary efforts for more than two decades to draft and negotiate the Declaration. This Declaration has the distinction of being the only Declaration in the United Nations which was drafted with the rights-holders, themselves, the indigenous peoples. I hail the independent experts and representatives of States and NGOs [non-governmental organizations] who contributed actively to this process. This magnificent endeavour which brought you to sit together with us, indigenous peoples, to listen to our cries and struggles and to hammer out words which will respond to these is unprecedented.

The long time devoted to the drafting of the Declaration by the United Nations stemmed from the conviction that indigenous peoples have rights as distinct peoples and that a constructive dialogue among all would eventually lead to a better understanding of diverse worldviews and cultures, a realignment of positions and, finally, to the building of partnerships between States and indigenous peoples for a more just and sustainable world.

For the United Nations Permanent Forum on Indigenous Issues, the Declaration will become the major foundation and reference in implementing its mandate to advise members of the Economic and Social Council and the United Nations agencies, programmes and funds on indigenous peoples’ human rights and development. It is a key instrument and tool for raising awareness on and monitoring progress of indigenous peoples’ situations and the protection, respect and fulfilment of indigenous peoples’ rights. It will further enflesh and operationalize the human rights-based approach to development as it applies to indigenous peoples. It will be the main framework to guide States, United Nations bodies, indigenous peoples and civil society in making the theme of the Second Decade of the World’s Indigenous Peoples, “Partnership for Action and Dignity”, a reality.

The United Nations Permanent Forum on Indigenous Issues is explicitly asked in article 42 of the Declaration to promote respect for and full application of the provisions of the Declaration and follow up the effectiveness of this Declaration. On behalf of the Permanent Forum on Indigenous Issues, I commit the Forum’s devotion to this duty.

This is a Declaration which sets the minimum international standards for the protection and promotion of the rights of indigenous peoples. Therefore, existing and future laws, policies, and programmes on indigenous peoples will have to be redesigned and shaped to be consistent with this standard.

Effective implementation of the Declaration will be the test of commitment of States and the whole international community to protect, respect and fulfil indigenous peoples’ collective and individual human rights. I call on Governments, the United Nations system, indigenous peoples and civil society at large to rise to the historic task before us and make the United Nations Declaration on the Rights of Indigenous Peoples a living document for the common future of humanity.

Source: UN - Department of Public Information • News and Media Division • New York

Secretary-General says indigenous rights declaration ‘Triumph’ for indigenous peoples around the world

13 September 2007 - The following statement was issued today by the Spokesperson for UN Secretary-General Ban Ki-moon:

The Secretary-General warmly welcomes the adoption of the Declaration on the Rights of Indigenous Peoples as a triumph for indigenous peoples around the world. He notes that this marks a historic moment when United Nations Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all.

The Secretary-General calls on Governments and civil society to urgently advance the work of integrating the rights of indigenous peoples into international human rights and development agendas, as well as policies and programmes at all levels, so as to ensure that the vision behind the Declaration becomes a reality.

Source: UN Secretary General - Department of Public Information • News and Media Division • New York.

Statement made on the floor of the United Nations General Assembly by the Chairperson of the Indigenous Peoples Caucus at the United Nations, Les Malezer

13 September 2007 - By Les Malezer - The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations marks a momentous and historic occasion for both Indigenous Peoples and the United Nations.

One quarter of a century ago the United Nations agreed that the situation of indigenous peoples around the world was so desperate and consistently exploited, that it warranted international attention.

Within a few years of brief examination and assessment, the United Nations decided that a human rights standard on the rights of indigenous peoples was required.

Simultaneously, the indigenous peoples of the world were uniting, because of our increasing capacity to communicate to each other, but also out of necessity to achieve an international voice.

Together we found out that Indigenous Peoples around the world shared a common situation of loss of control of our lands, territories and resources and a history of colonisation.

The Declaration, as a deposition, represents a meeting of authorities, i.e. the United Nations and the indigenous peoples.

Today’s adoption of the Declaration occurs because the United Nations and the Indigenous Peoples have found the common will to achieve this outcome.

The Declaration does not represent solely the viewpoint of the United Nations, nor does it represent solely the viewpoint of the Indigenous Peoples.

It is a Declaration which combines our views and interests and which sets the framework for the future.

It is a tool for peace and justice, based upon mutual recognition and mutual respect.

We emphasise once again that the Declaration on the Rights of Indigenous Peoples contains no new provisions of human rights. It affirms many rights already contained in international human rights treaties, but rights which have been denied to the Indigenous Peoples.

As Indigenous Peoples we now see a guarantee that our rights to self determination, to our lands and territories, to our cultural identities, to our own representation and to our values and beliefs will be respected at the international level.

The Declaration is a framework for States to link and integrate with the Indigenous Peoples, to initiate new and positive relations but this time without exclusion, without discrimination and without exploitation.

These rights in the Declaration are already recognised in international law, but they are rights which have been denied to Indigenous Peoples everywhere.

They are rights which are seen by Indigenous Peoples as essential to our successful survival, dignity and well-being, and to maintain our strong cultural and spiritual relationship with mother earth and nature.

It has, after all, been our determination to defend our identity and our lands, territories and resources which has helped to protect and preserve the biological diversity of the world, the cultural diversity of the world, and the environmental stabilty of the world.

These are the very issues that governments are now so desperately trying to address, as matters requiring of emergency, recovery actions.

The Declaration carries a message for all States that have links and association with Indigenous Peoples.

That message is not about secession, as some States may fear, but about co-operation and partnership to ensure that all individuals, regardless of race or beliefs, are truly equal and that all peoples are respected and allowed to develop.

Indigenous Peoples’ right to self-determination is about our right to freely determine our political status and freely pursue our economic, social and cultural development.

It also includes our right to freely manage our natural wealth and resources for mutual benefit, and our right to maintain and protect our own means of subsistence.

‘Free, prior and informed consent’ is what we demand as part of self-determination and non-discrimination from governments, multinationals and private sector.

We realise that a number of States have insisted that the Declaration affirm ‘territorial integrity’ (which by the way is not a human right) as defined in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and in the Vienna Declaration.

We confirm that ‘territorial integrity’ in fact obligates every State to promote realization of the principle of equal rights and self-determination of peoples, and to bring a speedy end to colonialism, with due regard to the freely expressed will of the peoples concerned.

‘Territorial integrity’ also requires that a State represent the whole people without distinction, and reaffirms that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and is contrary to the Charter.

The Declaration ensures treaties signed between Indigenous Peoples and States are respected and honoured. This provision in the Declaration is extremely important for Indigenous Peoples who have always placed much importance upon the integrity and truthfulness of historical treaties, for these treaties may contain special rights and economic and political agreements with States.

However it is important that we keep focus on the integrity of the Declaration, noting how each article is meant to be interpreted in conjunction with the entire Declaration, its principles and its purposes.

We are also assured by Article 46(3) that states: “The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.”

Now that the Declaration has been adopted by the General Assembly, Indigenous Peoples can reasonably expect that the States will, if they do not already have such a relationship, form a collaborative and cooperative relationship with the representatives of the indigenous peoples to ensure that the rights contained in the Declaration are protected and promoted.

In 2004 the General Assembly resolution 59/174 called upon Governments to ensure that activities and objectives for the Second Decade are planned and implemented on the basis of full consultation and collaboration with indigenous people.

The programme of action, approved by consensus by the General Assembly in December 2005, urged governments to launch a review of national legislations to eliminate possible discriminatory provisions with the full and effective participation of indigenous experts.

The Programme of Action recommends that national constitutions should recognize the existence of indigenous peoples and make explicit reference to them, where relevant, and that governments should consider integrating traditional systems of justice into national legislations in conformity with international human rights law and international standards of justice.

This is the challenge for the future.

With a Declaration now in place, affirming the rights of Indigenous Peoples, it will be important that States respond positively.

The Declaration gives us the platform for addressing the continuing abuses of human rights against Indigenous Peoples and for shaping a future where it can be realised that all peoples are truly equal.

Source: First Peoples Human Rights Coalition

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• United Nations Permanent Forum on Indignous Issues

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