Declaration on the Rights of Indigenous Peoples

The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP[1])[note 1][2] is a legally non-binding resolution passed by the United Nations in 2007. It delineates and defines the individual and collective rights of Indigenous peoples, including their ownership rights to cultural and ceremonial expression, identity, language, employment, health, education, and other issues. Their ownership also extends to the protection of their intellectual and cultural property.[3] 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."[4] It "prohibits discrimination against indigenous peoples," and it "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".[4][5]

UN General Assembly Resolution 61/295
  
 Approved States which voted for the resolution
  
 Rejected States which voted against the resolution
  
 Abstained States which abstained from voting
  
 Absent States not present at the vote
Date 13 September 2007
Code A/61/295 (Document)
Subject Indigenous rights
Voting Summary143 voted for
4 voted against
11 abstained
34 absent
Result Adopted
Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights
Part of a series on
Indigenous rights
Indalo symbol
Rights
Governmental organizations
NGOs and political groups
Issues
Legal representation
Category

The goal of the declaration is to encourage countries to work alongside indigenous peoples to solve global issues, such as development, multicultural democracy, and decentralization.[6]

On Thursday, September 13, 2007, the United Nations voted by a vast majority of 143 in favor (4 against, 11 abstained, and 34 absent) of the Declaration.[7]

Since 2007, the four countries voting against have reversed their position and now support the Declaration. As of February 2020, the United Nations Department of Economic and Social Affairs, Indigenous Peoples describe (A/RES/61/295) as "...the most comprehensive international instrument on the rights of indigenous peoples. It establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples."[8]

As a General Assembly Declaration, UNDRIP is not a legally binding instrument under international law.[9][10] According to a UN press release it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool toward eliminating human rights violations against the planet's 370 million indigenous people, and assisting them in combating discrimination and marginalisation."

UNDRIP codifies "Indigenous historical grievances, contemporary challenges and socio-economic, political and cultural aspirations" and is the "culmination of generations-long efforts by Indigenous organizations to get international attention, to secure recognition for their aspirations, and to generate support for their political agendas."[11] Canada Research Chair and faculty member at the University of Saskatchewan[12][13] Ken Coates argues that UNDRIP resonates powerfully with Indigenous peoples, while national governments have not yet fully understood its impact.[11]

History

The groundwork toward this declaration began in 1923 and 1925 with the works of Haudenosaunee Chief Deskaheh and Māori T.W. Ratana, who attempted to bring issues of Canada and New Zealand's failure to uphold treaties to the League of Nations, United Nations' precursor.[14][15] Issues of Indigenous Peoples on a world scale began to be reevaluated in 1982 with the establishment of the Working Group on Indigenous Peoples, formed by the Economic and Social Council (ECOSOC). Their goal was to create an overarching document that would help protect the rights and privileges of Indigenous Peoples throughout the world.[2]

The Declaration went through numerous drafts from 1994 to 2006,[2] and a version had already been recommended by the Vienna Declaration and Programme of Action in 1993.[16]

On Thursday, September 13, 2007, the United Nations voted by a vast majority of 143 in favor (4 against, 11 abstained, and 34 absent) of the Declaration. In May 2016, Canada officially removed its objector status to UNDRIP, almost a decade after it was adopted by the General Assembly. By 2016, Australia, New Zealand, and the United States of America, who had also voted against the Declaration, had reversed their positions and expressed support.[17][7]

Current applications

Implementations

Canada has processes underway to better recognise and realise in practise the rights of indigenous peoples.[18]

Denial of the existence of indigenous peoples

Several states do not recognise indigenous ethnic minorities within their territories as being indigenous peoples, and simply refer to them as ethnic minorities. Many of these ethnic minorities are marginalised from the majority ethnic population in relative social, economic and political performance measures and their indigenous rights are poorly protected. UNDRIP signatories that disregard the intent outlined in UNDRIP articles include the People's Republic of China[19] and the Socialist Republic of Vietnam.[20]

Purpose

Due to the past and ongoing violence and abuse of Indigenous individuals and peoples, the UN created this non-legally binding declaration[9][10] as an aspiration for how Indigenous individuals and peoples should be treated.

This declaration is a resolution, meaning it is not a law-bearing document. Indigenous peoples are not considered political nation-states and do not have access to international law protection through the international court of justice. Article 40 states that Indigenous peoples have the right to fair procedures for the resolution of conflicts and disputes with countries or other parties, because Indigenous people cannot use the International court of justice, UNDRIP has no indication of which judicial power indigenous peoples are to bring disputes to.[10]

The declaration's purpose is not to create new rights, but rather addresses topics such as Indigenous reconciliation in regard to restoring and protecting culture, traditions, and indigenous institutions and the pursuit of self-determined development.[21]

Content

The Declaration is structured as a United Nations resolution, with 23 preambular clauses and 46 articles. In most articles, an aspiration for how the State should promote and protect the rights of indigenous people is included (see Provision for further explanation). Major themes of the articles include:[3]

  • Rights of self-determination of indigenous individuals and peoples (Articles 1 - 8; 33 - 34)
    • The difference is between the individual and people's group
    • Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
  • Rights of indigenous individuals and people to protect their culture through practices, languages, education, media, and religion, including control of their intellectual property (Articles 9 - 15, 16, 25, and 31)
  • Asserts the indigenous peoples' right to own type of governance and to economic development (Articles 17 - 21, 35 - 37)
  • Health rights (Article 23 - 24)
  • Protection of subgroups ex. elderly, women, and children (Article 22)
  • Land rights from ownership (including reparation, or return of land i.e. Article 10) to environmental issues (Articles 26 - 30, and 32)
  • Dictates how this document should be understood in future reference (Articles 38 - 46).

Provisions

The opening and Article 2 of the Declaration provide that "indigenous peoples are equal to all other peoples" (source). Besides asserting the rights that indigenous individuals and peoples' have as other peoples, there are Articles (23 of the 46) pointing to how States should interact with the declaration. Most of the articles point to States working in conjunction with the indigenous peoples. Some measures countries are suggested to take are:[3]

  • To return land (article 26), ceremonial objects (article 12), and human remains (article 12)
  • To place "programmes for monitoring, maintaining, and restoring the health of indigenous peoples" (article 29)
  • To protect and uphold the rights of indigenous individuals and peoples (subpoint in many articles; see Declaration)

Negotiation and adoption
UN General Assembly
Resolution 61/295
Date13 September 2007
CodeA/61/295 (Document)
SubjectIndigenous rights
Voting summary
  • 143 voted for
  • 4 voted against
  • 11 abstained
  • 34 absent
ResultAdopted

The Declaration was over 25 years in the making. The idea originated in 1982 when the UN Economic and Social Council (ECOSOC) set up its Working Group on Indigenous Populations (WGIP), established as a result of a study by Special Rapporteur José Ricardo Martínez Cobo on the problem of discrimination faced by indigenous peoples. Tasked with developing human rights standards that would protect indigenous peoples, in 1985 the Working Group began working on drafting the Declaration on the Rights of Indigenous Peoples. The draft was finished in 1993 and was submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which gave its approval the following year. During this the International Labour Organization adopted the Indigenous and Tribal Peoples Convention, 1989.

The Draft Declaration was then referred to the Commission on Human Rights, which established another Working Group to examine its terms. Over the following years this Working Group met on 11 occasions to examine and fine-tune the Draft Declaration and its provisions. Progress was slow because of certain states' concerns regarding some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands.[22] The final version of the Declaration was adopted on June 29, 2006, by the 47-member Human Rights Council (the successor body to the Commission on Human Rights), with 30 member states in favour, 2 against, 12 abstentions, and 3 absentees.[23]

The Declaration (document A/61/L.67) was then referred to the General Assembly, which voted on the adoption of the proposal on September 13, 2007, during its 61st regular session.[24][7]

The vote was as follows:

Vote Quantity Countries
Approve 143 Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Austria, Bahamas, Bahrain, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cambodia, Cameroon, Cape Verde, Central African Republic, Chile, China, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Finland, France, Gabon, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritius, Mexico, Micronesia (Federated States of), Moldova, Monaco, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Netherlands, Nicaragua, Niger, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, Thailand, Timor-Leste, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom, United Republic of Tanzania, Uruguay, Venezuela, Vietnam, Yemen, Zambia, and Zimbabwe[25]
Reject 4 Australia, Canada, New Zealand, and United States[25]
Abstain 11 Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa, and Ukraine[25]
Absent 34 Chad, Côte d'Ivoire, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gambia, Grenada, Guinea-Bissau, Israel, Kiribati, Kyrgyzstan, Marshall Islands, Mauritania, Montenegro, Morocco, Nauru, Palau, Papua New Guinea, Romania, Rwanda, Saint Kitts and Nevis, São Tomé and Príncipe, Seychelles, Solomon Islands, Somalia, Tajikistan, Togo, Tonga, Turkmenistan, Tuvalu, Uganda, Uzbekistan, and Vanuatu[25]

All four member states that voted against have their origins as settler colonies of the British Empire, and have a majority of non-Indigenous population. Since then, all four countries have moved to endorse the declaration in some informal way in which it would not actually become binding law pleadable in court. Canada, under a Conservative Party leadership made official public statements against the application of the UNDRIP in Canada.[26]

However, the Liberal Government elected to leadership in 2015, has unequivocally indicated Canada's support for UNDRIP. On December 3, 2020, Bill C-15 was introduced to the House of Commons that would bring Canadian law into alignment with the UN resolution.[27][28] Bill C-15 passed Canada's senate on June 16, 2021, and received royal assent on June 21, 2021, to become law. In doing so Canada became the first of the four countries that originally voted against the UNDRIP to adopt it into law.[29]

Australian Government interventions have been challenged under its terms without success.[30]

Three abstaining countries, Colombia, Samoa, and Ukraine have since endorsed the document.[31][32]

Support and compromises

In contrast to the Declaration's initial rejection by Australia, Canada, New Zealand and the United States over legal concerns (all four countries later switched their positions to accepting the declaration as a non-legally-binding document), United Nations officials and other world leaders expressed pleasure at its adoption. Secretary-General Ban Ki-moon described it 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." Louise Arbour, a former justice of the Supreme Court of Canada then serving as the UN's High Commissioner for Human Rights, expressed satisfaction at the hard work and perseverance that had finally "borne fruit in the most comprehensive statement to date of indigenous peoples' rights."[5] Similarly, news of the Declaration's adoption was greeted with jubilation in Africa[33] and, present at the General Assembly session in New York, Bolivian foreign minister David Choquehuanca said that he hoped the member states that had voted against or abstained would reconsider their refusal to support a document he described as being as important as the Universal Declaration of Human Rights.[34] Bolivia has become the first country to approve the U.N. declaration of indigenous rights. Evo Morales, President of Bolivia, stated, "We are the first country to turn this declaration into a law and that is important, brothers and sisters. We recognize and salute the work of our representatives. But if we were to remember the indigenous fight clearly, many of us who are sensitive would end up crying in remembering the discrimination, the scorn."

Stephen Corry, director of the international indigenous rights organization Survival International, said, "The declaration has been debated for nearly a quarter century. Years which have seen many tribal peoples, such as the Akuntsu and Kanoê in Brazil, decimated and others, such as the Innu in Canada, brought to the edge. Governments that oppose it are shamefully fighting against the human rights of their most vulnerable peoples. Claims they make to support human rights in other areas will be seen as hypocritical."[35]

The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) formally acknowledges and upholds the principles of the Declaration in both their Collection Access and Use Policy[36] and their Guidelines for Ethical Research in Australian Indigenous Studies.[37]

Criticism

Prior to the adoption of the Declaration, and throughout the 62nd session of the General Assembly, a number of countries expressed concern about some key issues, such as self-determination, access to lands, territories and resources and the lack of a clear definition of the term "indigenous".[38] In addition to those intending to vote against the adoption of the declaration, a group of African countries represented by Namibia proposed to defer action, to hold further consultations, and to conclude consideration of the declaration by September 2007.[39] Ultimately, after agreeing on some adjustments to the Draft Declaration, a vast majority of states recognized that these issues could be addressed by each country at the national level.

By opposing countries

The four states that voted against continued to express serious reservations about the final text of the Declaration as placed before the General Assembly.[40] All four opposing countries later changed their vote in favour of the Declaration.

Australia

The Australian Government opposed the Declaration in the General Assembly vote of 2007, but has since endorsed the Declaration. Australia's Mal Brough, Minister for Families, Community Services and Indigenous Affairs, referring to the provision regarding the upholding of indigenous peoples' customary legal systems, said that "There should only be one law for all Australians and we should not enshrine in law practices that are not acceptable in the modern world."[24]

Marise Payne, Liberal Party Senator for New South Wales, further elaborated on the Australian government's objections to the Declaration in a speech to the Australian Senate:[41]

  • Concerns about references to self-determination and their potential to be misconstrued.
  • Ignorance of contemporary realities concerning land and resources. "They seem, to many readers, to require the recognition of Indigenous rights to lands which are now lawfully owned by other citizens, both Indigenous and non-Indigenous, and therefore to have some quite significant potential to impact on the rights of third parties."[41]
  • Concerns over the extension of Indigenous intellectual property rights under the declaration as unnecessary under current international and Australian law.
  • The potential abuse of the right under the Declaration for indigenous peoples to unqualified consent on matters affecting them, "which implies to some readers that they may then be able to exercise a right of veto over all matters of state, which would include national laws and other administrative measures."[41]
  • The exclusivity of indigenous rights over intellectual, real and cultural property, that "does not acknowledge the rights of third parties – in particular, their rights to access Indigenous land and heritage and cultural objects where appropriate under national law."[41] Furthermore, that the Declaration "fails to consider the different types of ownership and use that can be accorded to Indigenous people and the rights of third parties to property in that regard."[41]
  • Concerns that the Declaration places indigenous customary law in a superior position to national law, and that this may "permit the exercise of practices which would not be acceptable across the board",[41] such as customary corporal and capital punishments.

In October 2007 former Australian Prime Minister John Howard pledged to hold a referendum on changing the Australian constitution to recognise Indigenous Australians if re-elected. He said that the distinctiveness of people's identity and their rights to preserve their heritage should be acknowledged.[42]

On April 3, 2009, the Rudd Government formally endorsed the Declaration.[43]

Canada

The Canadian Government said that while it supported the "spirit" of the declaration, it contained elements that were "fundamentally incompatible with Canada's constitutional framework",[24] which includes both the Charter of Rights and Freedoms and Section 35, which enshrines aboriginal and treaty rights. In particular, the Canadian government had problems with Article 19 (which appears to require governments to secure the consent of indigenous peoples regarding matters of general public policy), and Articles 26 and 28 (which could allow for the re-opening or repudiation of historically settled land claims).[44]

Former Minister of Indian Affairs and Northern Development, Chuck Strahl, described the document as "unworkable in a Western democracy under a constitutional government."[45] Strahl elaborated, saying "In Canada, you are balancing individual rights vs. collective rights, and (this) document ... has none of that. By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution." He gave an example: "In Canada ... you negotiate on this ... because (native rights) don't trump all other rights in the country. You need also to consider the people who have sometimes also lived on those lands for two or three hundred years, and have hunted and fished alongside the First Nations."[46]

The Assembly of First Nations passed a resolution in December 2007 to invite Presidents Hugo Chávez and Evo Morales to Canada to put pressure on the government to sign the Declaration on the Rights of Indigenous Peoples, calling the two heads of state "visionary leaders" and demanding Canada resign its membership on the United Nations Human Rights Council.[47]

On March 3, 2010, in the Speech From the Throne, the Governor General of Canada announced that the government was moving to endorse the declaration. "We are a country with an Aboriginal heritage. A growing number of states have given qualified recognition to the United Nations Declaration on the Rights of Indigenous Peoples. Our Government will take steps to endorse this aspirational document in a manner fully consistent with Canada's Constitution and laws."

On November 12, 2010, Canada officially endorsed the declaration but without changing its position that it was "aspirational".[48]

Anishinabek spiritual leader, Chief William Commanda (1908-3 August 2011) was honoured at the 21st annual week-long First Peoples' Festival held in Montreal from August 2–9, 2011, celebrating Canada's 2010 adoption of the U. N. declaration. AFN Innu representative, Ghislain Picard's tribute praised Grandfather Commanda for his work that was "key not only in the adoption of the U.N. declaration, but in all the work leading up to it throughout the last 25 years."[49]

In 2015, Romeo Saganash (a Cree Member of Parliament for Abitibi—Baie-James—Nunavik—Eeyou) sponsored Private Member's Bill C-641, the "United Nations Declaration on the Rights of Indigenous Peoples Act", which would have required the Canadian government to ensure that the laws of Canada are in harmony with UNDRIP but it was defeated on May 6, 2015.[50]

On July 7, 2015, in an open letter to provincial cabinet members, Premier of Alberta Rachel Notley asked each minister to conduct a review of their policies, programs, and legislation that might require changes based on the principles of the UN Declaration.[51]

In December 2015, the Canadian Truth and Reconciliation Commission listed ratifying UNDRIP as one of its national "calls to action" in its final report.

In 2016, Canada officially adopted and promised to implement the declaration fully. Speaking at the UN Permanent Forum on Indigenous Issues, Indigenous and Northern Affairs Canada minister Carolyn Bennett announced, "We are now a full supporter of the declaration, without qualification. We intend nothing less than to adopt and implement the declaration in accordance with the Canadian Constitution."[52] Bennett described the Declaration as "breathing life into Section 35 [of the Canadian Constitution] and recognizing it as a full box of rights for Indigenous Peoples in Canada."[52] In July 2016, Canadian Justice Minister Jody Wilson-Raybould, a member of a Kwakwaka'wakw First Nation, gave a speech that stated that "adopting the UNDRIP as being Canadian law are unworkable", due to its incompatibility with the Indian Act, the current governing statute.[53]

The federal government pledged on 21 June 2017 to rename its National Aboriginal Day to be consistent with the terminology used by the Declaration.[54]

In September 2017, British Columbia's provincial government announced that it will govern in accordance with the principles outlined in the Declaration.[55] On October 24, 2019, it announced that it will amend its legislation to conform to UNDRIP.[56] BC is the first province in Canada to start implementing legislation in accordance with the UNDRIP.[57]

The British Columbia (BC) provincial government was the first Canadian province to start bringing its legislation in alliance with the UNDRIP by implementing the BC Declaration on the Rights of Indigenous People's Act.[57][58] The ongoing process of implementation is intended to propel reconciliation forward in BC. The provincial government has been working with the Assembly of First Nations, First Nations Summit and Union of British Columbia Indian Chiefs, headed by First Nations Chiefs of BC to employ UNDRIP principles .[58] The legislation was originally put forth by Minister of Indigenous Relations and Reconciliation Scott Fraser (politician), under John Horgan's New Democratic Party government.[59] The Legislative Assembly of British Columbia notes the purpose the Act are as follows: (a) to affirm the application of the Declaration to the laws of British Columbia; (b) to contribute to the implementation of the Declaration; (c) to support the affirmation of, and develop relationships with, Indigenous governing bodies.[60] As of November 2019, the BC government has committed to putting almost CA$100 million per year aside for First Nation communities, in order for them to invest in their own self-governance and cultural revitalization;[21] the province has also dedicated CA$50 million to invest in First Nations communities language revitalization. Additionally, they have implemented Grand Chief Edward John's recommendations to decrease the number of indigenous children taken from homes and put in care.[21]

On December 3, 2020, Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act, was introduced to the House of Commons by the Minister of Justice David Lametti that would bring Canadian law into alignment with the UN resolution.[27][28] Bill C-15 passed Canada's senate on June 16, 2021, and received royal assent on June 21, 2021 to become law. In doing so Canada became the first of the four countries with histories as settler colonies of the British empire with majority non-indigenous populations that originally voted against to now adopt UNDRIP.[29]

New Zealand
New Zealand delegation at the United Nations Permanent Forum on Indigenous Issues. New Zealand endorsed the Declaration on the Rights of Indigenous Peoples in April 2010.

In 2007 New Zealand's Minister of Māori Affairs, Parekura Horomia, described the Declaration as "toothless", and said, "There are four provisions we have problems with, which make the declaration fundamentally incompatible with New Zealand's constitutional and legal arrangements." Article 26 in particular, he said, "appears to require recognition of rights to lands now lawfully owned by other citizens, both indigenous and non-indigenous. This ignores contemporary reality and would be impossible to implement."[61]

In response, Māori Party leader Pita Sharples said it was "shameful to the extreme that New Zealand voted against the outlawing of discrimination against indigenous people; voted against justice, dignity and fundamental freedoms for all".[62]

On July 7, 2009, the Key government announced that it would support the Declaration; this, however, appeared to be a premature announcement by Pita Sharples, the then Minister of Māori Affairs, as the New Zealand government cautiously backtracked on Sharples' July announcement.[63] However, on April 19, 2010, Sharples announced New Zealand's support of the declaration at a speech in New York.[64][65]

United States

Speaking for the United States mission to the UN, spokesman Benjamin Chang said, "What was done today is not clear. The way it stands now is subject to multiple interpretations and doesn't establish a clear universal principle."[66] The U.S. mission also issued a floor document, "Observations of the United States with respect to the Declaration on the Rights of Indigenous Peoples", setting out its objections to the Declaration. Most of these are based on the same points as the three other countries' rejections but, in addition, the United States drew attention to the Declaration's failure to provide a clear definition of exactly whom the term "indigenous peoples" is intended to cover.[67]

On December 16, 2010, President Obama declared that the United States would "lend its support" to the Declaration. The decision was announced during the second White House Tribal Nations Conference, where he said he is "working hard to live up to" the name that was given to him by the Crow Nation: "One Who Helps People Throughout the Land." Obama has told Native American leaders that he wants to improve the "nation-to-nation" relationship between the United States and the tribes and repair broken promises. Today, there are more than 560 Indian tribes[68] in the United States that are recognized at the federal level, with some additional sixty-plus tribes recognized at the state level. Many had representatives at the White House conference and applauded Obama's announcement.[69]

The Obama administration's decision came after three consultation meetings with Native Americans and more than 3,000 written comments on the subject.[70] The support of the government also included several interpretations of the meaning of the Declaration. In the view of the United States government, the Declaration advances "a new and distinct international concept of self-determination specific to indigenous peoples," which is not the same as the existing concept in international law.[70] The statement also interprets free, prior and informed consent, "which the United States understands to call for a process of meaningful consultation with tribal leaders, but not necessarily the agreement of those leaders, before the actions addressed in those consultations are taken."[70]

United Kingdom

Speaking on behalf of the United Kingdom Government, UK Ambassador and Deputy Permanent Representative to the United Nations, Karen Pierce, "emphasized that the Declaration was non-legally binding and did not propose to have any retroactive application on historical episodes. National minority groups and other ethnic groups within the territory of the United Kingdom and its overseas territories did not fall within the scope of the indigenous peoples to which the Declaration applied."[71]

The UK position was also allegedly intended to prevent formal appeal of Canadian decisions to UK courts: Canadian indigenous peoples never accepted the 1982 constitution in which such appeal (regarding early treaties made with the Crown of the British Empire) was cut off. Under the prior 1867 constitution, 1920s Dominion of Canada and earlier law, which continue to apply to these peoples and treaties, the UNDRIP allegedly could have been pled in a UK court in conflicts between treaty and Canadian law. Calls to pursue this approach have been common among Canadian First Nations people.[72]

Finland

Finland signed the International Declaration on the Rights of Indigenous Peoples when it was originally put forward.[73][74] However the reindeer owners and Forest Administration (Metsähallitus) have a long dispute in the area of the forests.[75] The UN Human Rights Committee ordered the Finnish State to stop logging in some of the disputed areas.[76][77]

Russian Federation

The Russian Federation never reversed its abstention from the adoption of the UNDRIP. During the first review cycle of the Universal Periodic Review of 2009, it had accepted a recommendation by Mexico to "comply with the principles contained in the Declaration", yet in the second cycle, 2013, it rejected an almost identical recommendation by Estonia, claiming that its own legislation is already more advanced than the provisions of the UNDRIP.[78]

Ukraine

Ukraine, which initially abstained from adopting the Declaration, changed its approach to indigenous issues in response to the recent annexation of Crimea, asserting that Crimean Tatars are indigenous people. In May 2014, the country formally endorsed the UNDRIP.[32][79] On June 1, 2021, Verkhovna Rada of Ukraine passed the law "On the Indigenous Peoples of Ukraine", regarding the status of Crimean Tatars, Crimean Karaites, and Krymchaks, which made reference to the UNDRIP.[80]

Pacific Island states

Ten UN member states in the Pacific, all with indigenous majorities, were absent from the assembly at the time of the vote: Fiji, Kiribati, Marshall Islands, Nauru, Palau, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu. It is unclear whether this represents the equivalent of deliberate abstention, or whether the country delegations were absent for some other reason. The constitutions of these states typically make mention of "indigenous inhabitants" and accommodate customary laws in at least part of their modern legal systems. The constitution of Papua New Guinea, for example, has an explanatory section on the "underlying law" being based on custom, while Sch.1.2. says that "custom" means "the customs and usages of indigenous inhabitants of the country ..." (emphasis added). It may be the case, therefore, that the governments of these states took the position that their own legal systems offered sufficient protection to their own indigenous peoples. There has been no suggestion at any time since decolonisation commenced in the 1960s and the present that indigenous people are absent from any of the ten countries.

Nonetheless, Papua New Guinea and Vanuatu are among countries in this group plagued by land grabbing during the 2000s.[81][82] Researchers have warned that as much as 12% of the land surface of Papua New Guinea has been leased without informed consultation and consent from landowners, typically suppressing customary rights for 99 years.[83] Land grabbing was in 2016 ruled to lie within the remit of the International Criminal Court[84] but the pursuit of legal avenues remains problematic. For example, the head of a government-initiated Commission of Inquiry into land grabbing in Papua New Guinea said that the Prime Minister's announcement that his government would set up a Task Force drawn from the ministries responsible for lands, forestry and agriculture to revoke illegal leases over customary land was "absurd and ridiculous", given that his Commission had made "adverse findings ... against these government agencies, including their respective ministers".[85]

There are also significant implications in the extractive sector for these states not having signed UNDRIP. Mining companies that are members of the International Council on Mining and Metals commit to respect the ICMM's position statement on indigenous peoples. However, ambiguity surrounds how or if member companies recognise when they are dealing with indigenous peoples. For example, Barrick Gold lists only its operations in North and South America as lying on indigenous land, yet operates in Fiji and Papua New Guinea (where a subsidiary has operated the Porgera gold mine since 2007).[86] Another member, Newmont Mining, said in its 2011 Sustainability Report[87] that it had been conducting mining exploration in Papua New Guinea for three years, yet its disclosures do not show how activities in this country may have followed the ICMM's Indigenous Peoples and Mining Good Practice Guide, first published in 2010.

See also

Notes
  1. Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine

References

Citations
  1. "DOTROIP-24-2-PDF" (PDF). Archived from the original (PDF) on September 3, 2018. Retrieved September 3, 2018.
  2. "United Nations Declaration on the Rights of Indigenous Peoples". United Nations Permanent Forum on Indigenous Issues. Archived from the original on November 1, 2015. Retrieved December 11, 2015.
  3. "United Nations Declaration on the Rights of Indigenous Peoples: United Nations Resolution adopted by the General Assembly on 13 September 2007" (PDF). United Nations. 2007. pp. 22–23.
  4. Frequently Asked Questions: Declaration on the Rights of Indigenous Peoples Archived April 13, 2013, at the Wayback Machine United Nations Permanent Forum on Indigenous Issues.
  5. United Nations adopts Declaration on Rights of Indigenous Peoples Archived March 13, 2017, at the Wayback Machine United Nations News Centre, 13 September 2007.
  6. United Nations Permanent Forum on Indigenous Issues. "Frequently Asked Questions – Declaration on the Rights of Indigenous Peoples" (PDF). Archived (PDF) from the original on January 15, 2012. Retrieved March 5, 2012.
  7. "General Assembly adopts Declaration on Rights of Indigenous Peoples; 'Major Step Forward' towards human rights for all, says President". UN General Assembly GA/10612. September 13, 2007. Archived from the original on November 17, 2007. Retrieved July 21, 2021.
  8. "United Nations Declaration on the Rights of Indigenous Peoples | United Nations For Indigenous Peoples". www.un.org. Retrieved February 16, 2020.
  9. "FREQUENTLY ASKED QUESTIONS - DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES" (PDF). Archived (PDF) from the original on April 13, 2013. Retrieved November 18, 2013.
  10. Barnabas, Sylvanus Gbendazhi (December 7, 2017). "The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law". International Human Rights Law Review. 6 (2): 253. doi:10.1163/22131035-00602006. ISSN 2213-1027.
  11. Coates, Ken (September 18, 2013), Ken Coates; Terry Mitchell (eds.), From aspiration to inspiration: UNDRIP finding deep traction in Indigenous communities, The Rise of the Fourth World, The Centre for International Governance Innovation (CIGI), archived from the original on September 23, 2013, retrieved September 20, 2013
  12. Ferguson, Mark (October 12, 2011). "News". News.usask.ca. Archived from the original on September 25, 2013. Retrieved December 24, 2013.
  13. "Home". University of Waterloo. November 3, 2016. Archived from the original on October 22, 1997. Retrieved August 26, 2017.
  14. "Canada's Forgotten Founders: The Modern Significance of the Haudenosaunee (Iroquois) Application for Membership in the League of Nations » Grand River Country". grandrivercountry.org. January 18, 2016. Archived from the original on December 15, 2017. Retrieved December 14, 2017.
  15. Corntassel, Jeff (2008). "Toward Sustainable Self-Determination: Rethinking the Contemporary Indigenous-Rights Discourse". Alternatives: Global, Local, Political. 33 (1): 105–132. doi:10.1177/030437540803300106. S2CID 55864113.
  16. Vienna Declaration and Programme of Action, Part II, paragraph 29
  17. "United Nations Declaration on the Rights of Indigenous Peoples | United Nations For Indigenous Peoples". www.un.org. Retrieved April 22, 2019.
  18. "Canada: Implementation of UNDRIP is now the law". June 29, 2021.
  19. "China & the UN Declaration on the Rights of Indigenous Peoples: The Tibetan Case". May 27, 2014.
  20. "Denied Recognition: Vietnam's refusal to recognize the indigenous and religious rights of the Khmer Krom".
  21. Ministry of Aboriginal Relations and Reconciliation. "FAQ: B.C. Declaration on the Rights of Indigenous Peoples Act - Province of British Columbia". www2.gov.bc.ca. Retrieved November 15, 2019.
  22. Declaration on the Rights of Indigenous Peoples: Adopted by the Human Rights Council on 29 June 2006 Archived January 20, 2012, at the Wayback Machine United Nations Permanent Forum on Indigenous Issues.
  23. UN Human Rights Council adopts documents on disappearances and indigenous peoples Archived September 13, 2017, at the Wayback Machine United Nations News Centre, 29 June 2006.
  24. Indigenous rights outlined by UN Archived September 28, 2013, at the Wayback Machine BBC News, 13 September 2007.
  25. UN adopts Declaration on Rights of Indigenous Peoples Archived September 25, 2014, at the Wayback Machine United Nations News Centre, 13 September 2007.
  26. "Canada's Opposition to UNDRIP". Archived from the original on November 30, 2013. Retrieved December 29, 2013.
  27. "Liberals introduce bill to implement UN Indigenous rights declaration | CBC News". CBC. Retrieved December 4, 2020.
  28. "LEGISinfo - House Government Bill C-15 (43-2)". www.parl.ca. Retrieved December 4, 2020.
  29. Aiello, Rachel (June 16, 2021). "Bill to align Canadian law with UN Indigenous rights declaration passes to become law". CTVNews. Retrieved June 17, 2021.
  30. "UW Law Digital Commons" (PDF). Archived (PDF) from the original on December 30, 2013. Retrieved December 29, 2013.
  31. UN Permanent Forum on Indigenous Issues, United Nations Declaration on Rights of Indigenous Peoples Archived January 20, 2012, at the Wayback Machine.
  32. Don't Cry for Us Ukraina! (Ukraine) Archived June 25, 2016, at the Wayback Machine, International Committee for Crimea, Inc
  33. Africa: Jubilation as UN Approves Indigenous Peoples Declaration Archived September 26, 2007, at the Wayback Machine AllAfrica.com, 13 September 2007.
  34. Aprueba ONU declaración de derechos indígenas Archived March 6, 2008, at the Wayback Machine El Universal, 13 September 2007.
  35. Survival International. "After 22 years, UN votes on indigenous peoples declaration". Archived from the original on April 29, 2010.
  36. "AIATSIS Collection Access and Use Policy" (PDF). AIATSIS. Archived (PDF) from the original on March 18, 2015. Retrieved February 12, 2015.
  37. "Guidelines for Ethical Research in Australian Indigenous Studies". AIATSIS. January 16, 2015. Archived from the original on April 2, 2015. Retrieved February 12, 2015.
  38. "Video Discussions on the Indigenous Peoples Rights Declaration". sommerfilms – Rebecca Sommer. Archived from the original on February 5, 2017. Retrieved January 26, 2017.
  39. Crook, John R. (2007). "United States Joins Australia and New Zealand in Criticizing Proposed Declaration on Indigenous Peoples' Rights". American Journal of International Law. 101 (1): 211–213. doi:10.1017/S0002930000756454. ISSN 0002-9300. S2CID 140521665. Retrieved October 12, 2021.
  40. Hall, Tony (2003). The American Empire and the Fourth World : The bowl with one spoon. McGill-Queen's native and northern series, 34. Montreal; Ithaca: McGill-Queen's University Press. ISBN 978-0-7735-3006-5.
  41. Matters of Urgency: United Nations Declaration on the Rights of Indigenous Peoples Archived May 24, 2011, at the Wayback Machine Senate Hansards, 10 September 2007.
  42. "Howard vows Aborigine rights vote". October 11, 2007. Archived from the original on October 13, 2007.
  43. Experts hail Australia's backing of UN declaration of indigenous peoples' rights Archived October 11, 2017, at the Wayback Machine, UN News Centre
  44. "Factbox: What is the Declaration on the Rights of Indigenous Peoples?". National Post. September 13, 2007. Archived from the original on November 2, 2012. Retrieved June 25, 2010.
  45. "Native rights declaration inconsistent with legal tradition: Strahl". National Post. September 13, 2007. Archived from the original on October 11, 2011. Retrieved June 25, 2010.
  46. "Tories defend 'no' in native rights vote". Canwest News Service. September 14, 2007. Archived from the original on March 7, 2008. Retrieved June 25, 2010.
  47. Barrera, Jorge (February 7, 2008). "AFN plans to invite "visionary" Chavez to visit Canada". Canwest News Service. Archived from the original on May 22, 2011. Retrieved June 25, 2010.
  48. "Canada: Canada Endorses The United Nations Declaration On The Rights Of Indigenous Peoples". IPIR. November 12, 2010. Archived from the original on June 17, 2013. Retrieved December 16, 2010.
  49. Toensing, Gale Courey (September 13, 2011), Political Party! Celebrating UNDRIP and Indigenous Culture in Montreal, Montreal, PQ, Canada: Indian Country Today, retrieved September 20, 2013
  50. Bill C-641 (Historical) United Nations Declaration on the Rights of Indigenous Peoples Act Archived February 2, 2016, at the Wayback Machine, openparliament.ca
  51. "Questions and Answers". February 2016.
  52. "Canada officially adopts UN declaration on rights of Indigenous Peoples". CBC News. May 10, 2016. Archived from the original on May 16, 2016. Retrieved May 19, 2016.
  53. "Justice Minister Jody Wilson-Raybould says adopting UNDRIP into Canadian law 'unworkable' - APTN News". aptn.ca. July 12, 2016. Archived from the original on October 19, 2016.
  54. Harris, Kathleen (June 21, 2017). "Trudeau marks National Aboriginal Day with pledge to build relations, rename day". CBC News. Archived from the original on June 22, 2017. Retrieved June 21, 2017.
  55. Newton, Chris (September 6, 2017). "B.C. government adopts UN Declaration on the Rights of Indigenous Peoples". energeticcity.ca. Archived from the original on September 7, 2017.
  56. "B.C. Becomes first province to implement UN Indigenous rights declaration".
  57. "B.C. becomes first province to implement UN Indigenous rights declaration". Global News. Retrieved November 15, 2019.
  58. "B.C. Declaration on the Rights of Indigenous Peoples Act - Province of British Columbia". www2.gov.bc.ca. Ministry of Aboriginal Relations and Reconciliation. Retrieved November 15, 2019.
  59. Penner, Derrick (October 25, 2019). "B.C. makes history with legislation to implement UN declaration". Vancouver Sun. Retrieved November 15, 2019.
  60. "Bill 41 – 2019: Declaration on the Rights of Indigenous Peoples Act". www.leg.bc.ca. Retrieved November 15, 2019.
  61. Māori Party's head in the clouds Archived September 30, 2007, at the Wayback Machine New Zealand government press release, via scoop.co.nz, 14 September 2007.
  62. "NZ indigenous rights stance 'shameful' – Maori Party". Stuff.co.nz. New Zealand. September 14, 2007. Retrieved September 27, 2011.
  63. "Government to endorse UN indigenous rights declaration". Stuff. New Zealand. July 7, 2009. Retrieved July 7, 2009.
  64. "NZ does U-turn on rights charter". April 20, 2010.
  65. "New Zealand Statement Before 9th Session of the United Nations Permanent Forum on Indigenous Issues". Archived from the original on September 8, 2010.
  66. UN adopts declaration on rights for indigenous peoples worldwide Archived September 16, 2007, at the Wayback Machine International Herald Tribune, 13 September 2007.
  67. Explanation of vote on the Declaration on the Rights of Indigenous Peoples United States Mission to the United Nations press release, 13 September 2007.
  68. Federal Register, Volume 78, Number 87 dated May 6, 2013 Archived October 19, 2013, at the Wayback Machine (78 FR 26384)
  69. "U.S. will sign U.N. declaration on rights of native people, Obama tells tribes". The Washington Post. December 16, 2010. Archived from the original on November 11, 2012. Retrieved December 16, 2010.
  70. U.S. Department of State (December 16, 2010), Announcement of U.S. Support for the United Nations Declaration on the Rights of Indigenous Peoples (PDF), retrieved March 19, 2015
  71. General Assembly Adopts Declaration on Rights of Indigenous Peoples; Archived September 25, 2014, at the Wayback Machine at www.un.org
  72. "Aboriginal Call for Full Control of Resources in Canada Based on UNDRIP - ICTMN.com". indiancountrytodaymedianetwork.com. Archived from the original on September 16, 2013.
  73. "UNBISnet". Unbisnet.un.org:8080. Archived from the original on November 6, 2012. Retrieved December 24, 2013.
  74. "Declaration on the Rights of Indigenous Peoples". Social.un.org. Archived from the original on June 23, 2013. Retrieved December 24, 2013.
  75. YK pyysi säästämään Nellimen porot HS 27.9.2011 A6
  76. "OHCHR | Finland / Indigenous peoples: New bill threatens Sami's rights to their traditional lands and livelihood". www.ohchr.org. Retrieved January 22, 2020.
  77. "Saami vs. Metsähallitus: The Case for Corporate Recognition of Indigenous Rights". www.culturalsurvival.org. Retrieved January 22, 2020.
  78. Rohr, Johannes (2014). Indigenous Peoples in the Russian Federation (PDF). Human Rights Report 18. Copenhagen: International Work Group for Indigenous Affairs. p. 54. ISBN 978-87-92786-49-4.
  79. "Про Заяву Верховної Ради України щодо гарантії прав кримськотатарського народу у складі Української Держави". Офіційний вебпортал парламенту України (in Ukrainian). Retrieved September 25, 2021.
  80. "Офіційний портал Верховної Ради України". w1.c1.rada.gov.ua. Retrieved June 12, 2021.
  81. "PNG land grab update". August 22, 2012. Retrieved May 28, 2021. Colin Filer, PNG land grab update, DevPolicyBlog 22 August 2012.
  82. "ABC Radio Australia". Archived from the original on September 16, 2014. Retrieved February 3, 2017. Pacific land grab among worlds worst says expert, ABC Radio Australia
  83. "On Our Land: Modern Land Grabs Reversing Independence in Papua New Guinea". November 16, 2013. Archived from the original on February 3, 2017. Retrieved February 3, 2017., On Our Land: Modern Land Grabs Reversing Independence in Papua New Guinea, Oakland Institute 2013
  84. "International Criminal Court extends remit to land grabbing". Archived from the original on February 3, 2017. Retrieved February 3, 2017., International Criminal Court extends remit to land grabbing, Scottish Legal News, 19 September 2016
  85. Filer, Colin; Numapo, John (2017). "The Political Ramifications of Papua New Guinea's Commission of Inquiry". In McDonnell, S.; Allen, M.; Filer, C. (eds.). Kastom, property and ideology: Land transformations in Melanesia (PDF). ANU Press. pp. 261–262. doi:10.22459/KPI.03.2017.08. hdl:1885/219454. ISBN 9781760461058. Retrieved May 28, 2021.
  86. "Indigenous Peoples". Barrick Gold. Archived from the original on February 3, 2017. Retrieved February 3, 2017.
  87. , Beyond the Mine: the journey towards sustainability, 2011 edition.

Sources
Wikisource has original text related to this article:
Wikisource has original text related to this article:
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.