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In-Depth Information
Declaration on the Rights of Indigenous Peoples
This landmark document is the culmination of decades of drafting and negotiations
by the Working Group on Indigenous Populations in which more than 100 Indigenous
organizations and thousands of Indigenous individuals participated. The Declaration
testifies to the commitment of the international community to the protection of both
the individual and collective rights of Indigenous Peoples. It emphasizes the right
of Indigenous Peoples to maintain and strengthen their own institutions, cultures,
and traditions and to pursue their development in accordance with their aspirations
and needs. It has become a major tool for Indigenous Peoples to defend themselves
against discrimination, racism, oppression, marginalization, and exploitation.
Major obstacles to the drafting of the Declaration were the concerns of some
countries over provisions like the right to self-determination of Indigenous Peoples,
and the control over natural resources existing on Indigenous Peoples' traditional
lands. Although the Declaration was adopted by an overwhelming majority of 143
votes in favor, it initially met with 4 significant negative votes: Canada, Australia,
New Zealand, and the United States, all states with small, historically oppressed
Indigenous populations. Since 2007, however, Australia, Canada and New Zealand
have announced their approval of the Declaration. Among the objections still held
by the United States is the failure of the Declaration to provide a clear definition of
exactly whom the term “Indigenous Peoples” is intended to cover.
Among the human rights the Declaration defines and protects are these of
particular importance to Indigenous Peoples:
1. The right to self-determination , which may be expressed through:
• Autonomy or self-government in matters relating to their internal and local affairs;
• Respect for the principle of free, prior, and informed consent (FPIC);
• Full and effective participation of Indigenous Peoples at every stage of any
action that may affect them direct or indirectly;
• Formal recognition of Indigenous Peoples' traditional institutions, internal
justice and conflict-resolution systems, and ways of socio-political organization;
• Recognition of the right of Indigenous Peoples to freely define and pursue their
economic, social, and cultural development.
2 . Collective rights: Recognition of the collective rights of Indigenous Peoples is
necessary to ensure their continuing existence, development, and wellbeing as
distinct collectivities. Included in the Declaration are
• recognition of Indigenous Peoples' distinctive histories, languages, identities,
and cultures;
• recognition of Indigenous Peoples' collective right to the lands, territories, and
natural resources they have traditionally occupied and used;
• recognition of Indigenous Peoples' right to their collectively held traditional
knowledge.
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