--- THE GRANDMA'S LOGBOOK ---: DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

Indigenous people of Peru, South America

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on Thursday, 13 September 2007, by a majority of 144 states in favour, 4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine). In May 2016 Canada officially removed its objector status to UNDRIP, almost a decade after it was adopted by the General Assembly. By now also the other 3 objectors have, to various degrees, turned their vote.

Download UN Declaration on the Rights of Indigenous Peoples

While as a General Assembly Declaration it is not a legally binding instrument under international law, 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 towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation.

Butchulla People, Fraser Island, Australia

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.

Canada Research Chair and faculty member at the University of Saskatchewan, Ken Coates, argues that UNDRIP resonates powerfully with Indigenous peoples, while national governments have not yet fully understood its impact.

More information: United Nations

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.

It also 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 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.

Nunavut People, Canada

The goal of the Declaration is to encourage countries to work alongside indigenous peoples to solve global issues, like development, multicultural democracy and decentralization. According to Article 31, there is a major emphasis that the indigenous peoples will be able to protect their cultural heritage and other aspects of their culture and tradition, which is extremely important in preserving their heritage.

The elaboration of this Declaration had already been recommended by the Vienna Declaration and Programme of Action.

More information: Cultural Survival

The Declaration is structured as a United Nations resolution, with 23 preambular clauses and 46 articles.

Articles 1–40 concern particular individual and collective rights of indigenous peoples; many of them include state obligations to protect or fulfil those rights.

Masai People, Kenya / Tanzania

Article 31 concerns the right to protect cultural heritage as well as manifestations of their cultures including human and genetic resources.

Articles 41 and 42 concern the role of the United Nations.

Articles 43–45 indicate that the rights in the declaration apply without distinction to indigenous men and women, and that the rights in the Declaration are the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world, and do not in any way limit greater rights.

Article 46 discusses the Declaration's consistency with other internationally agreed goals, and the framework for interpreting the rights declared within it.

More information: UNESCO

The opening and Article 2 of the Declaration provide that indigenous peoples are equal to all other peoples, guaranteeing them the right of existence, of living free of discrimination, and entitling them as peoples to self-determination under international law.