International Day of the World's Indigenous People
9 August 2007

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The UN Declaration on the Rights of Indigenous Peoples

 

Despite international recognition and acceptance of international human rights standards that guarantee the fundamental rights of all human beings, international law concerning collective human rights remains vague and fails to protect the group rights of indigenous peoples. What was needed was the development of new international documents addressing the specific needs of the world’s indigenous peoples. The United Nations draft Declaration on the rights of indigenous peoples aims to do further.

 

Originally drafted in 1985 by the Working Group on Indigenous Populations, the draft Declaration was adopted by the United Nations Sub-Commission on the Promotion and Protection of Human Rights in 1994. From there, the draft was submitted to the Commission on Human Rights, which established the Working Group on the draft Declaration on the Rights of Indigenous Peoples. The draft declaration as adopted by the Sub-Commission constituted a sound basis for the discussions at the Working Group on the draft Declaration. The draft Declaration was adopted by the Human Rights Council on 29 June 2006 and is now awaiting adoption by the General Assembly.

 

The draft Declaration recognizes indigenous peoples as legitimate subjects of international law with the right to exist as distinct peoples. This shift in international law is the result of the concerted efforts, over the last decade, of hundreds of indigenous leaders, community representatives, government representatives, and the United Nations. The purpose of the Declaration is to guide States in the development of a cooperative relationship with the indigenous peoples living within the States, to promote and protect their human rights, including their right to a distinct identity as peoples. It elaborates “minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”.

 

Some of the diverse critical themes in the Declaration include the definition of what constitutes an indigenous people issue, the right to self-determination, the right to autonomy and self-government, the balance between the right of the collective and those of the individuals and third parties, the ownership and control over lands and natural resources, the recognition of indigenous laws, traditions and customs, the control of the education system, the right to establish their own media in their own languages, the recognition of treaties concluded between indigenous peoples and States.