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The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP) is a legally non-binding United Nations resolution passed by the General Assembly on September 13, 2007, that delineates and defines the individual and collective rights of Indigenous peoples, including their ownership rights, cultural and ceremonial expression, identity, language, employment, health, education and other issues. Their ownership also extends to the protection of their Indigenous intellectual property. 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 "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".
The goal of the declaration is to encourage countries to work alongside Indigenous peoples to solve global issues, such as development, multiculturalism, democracy, and decentralization.
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.
Since 2007, Australia, Canada, New Zealand, and the United States have reversed their positions and now support the declaration. As of February 2020, the United Nations Department of Economic and Social Affairs describes (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."
As a United Nations General Assembly declaration, UNDRIP 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 toward eliminating human rights violations against the planet's 370 million indigenous people, and assisting them in combating discrimination and marginalization."
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." Ken Coates, a Canada Research Chair and faculty member at the University of Saskatchewan, argues that UNDRIP resonates powerfully with indigenous peoples, while national governments have not yet fully understood its impact.
History The groundwork toward this declaration began in 1923 and 1925 with the works of Haudenosaunee Chief Deskaheh and Māori religious leader T. W. Ratana, who attempted to bring attention to Canada's and New Zealand's failure to uphold treaties before the League of Nations, the precursor to the United Nations. Issues concerning indigenous peoples on a world scale began to be reevaluated in 1982 with the establishment of the Working Group on Indigenous Populations, formed by the Economic and Social Council (ECOSOC). its goal was to create an overarching document to protect the rights and privileges of indigenous peoples worldwide.
The declaration went through numerous drafts beginning in 1994, after a version had already been recommended by the Vienna Declaration and Programme of Action in 1993,Vienna Declaration and Programme of Action, Part II, paragraph 29 to 2006, when the draft was adopted and its approval by the United Nations General Assembly was recommended by the United Nations Human Rights Council.
On Thursday, September 13, 2007, the United Nations voted by a vast majority of 143 in favor (4 against, 11 abstentions, and 34 absent) to adopt 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 that year, Australia, New Zealand, and the United States of America, who had also voted against the declaration, had reversed their positions and expressed support.
Current applications Implementations Canada has processes underway to better recognize and realize in practice the rights of indigenous peoples.
Denial of the existence of Indigenous peoples Several states do not recognize Indigenous ethnic minorities within their territories as being indigenous peoples, and simply refer to them as ethnic minorities. Many of these ethnic minorities are marginalized 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 and the Socialist Republic of Vietnam.
Purpose Due to the past and ongoing violence and abuse of indigenous individuals and peoples, the UN created this non-legally binding declaration 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.
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.
Content The declaration is structured as a United Nations resolution, with 23 preambular clauses and 46 articles. Most articles include an aspiration for how the State should promote and protect the rights of indigenous people (see Provision for further explanation). Major themes of the articles include: 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 (articles 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: 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
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 (C169).
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.Declaration on the Rights of Indigenous Peoples: Adopted by the Human Rights Council on 29 June 2006 United Nations Permanent Forum on Indigenous Issues. 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.UN Human Rights Council adopts documents on disappearances and indigenous peoples United Nations News Centre, 29 June 2006.
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.
The vote was as follows: