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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
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
in 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 Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such pro ...
. 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,
multicultural Multiculturalism is the coexistence of multiple cultures. The word is used in sociology, in political philosophy, and colloquially. In sociology and everyday usage, it is usually a synonym for ''ethnic'' or cultural pluralism in which various e ...
, democracy, and
decentralization Decentralization or decentralisation is the process by which the activities of an organization, particularly those related to planning and decision-making, are distributed or delegated away from a central, authoritative location or group and gi ...
. 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 The United Nations Department of Economic and Social Affairs (UN DESA) is part of the United Nations Secretariat and is responsible for the follow-up to major United Nations Summits and Conferences, as well as services to the United Nations Econ ...
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 The United Nations General Assembly (UNGA or GA; , AGNU or AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its Seventy-ninth session of th ...
declaration, UNDRIP is not a legally binding instrument under
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. 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 people There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
s that will undoubtedly be a significant tool toward eliminating
human rights violations Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning t ...
against the planet's 370 million indigenous people, and assisting them in combating
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
and
marginalization Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the Euro ...
." 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 Kenneth Sidney Coates (16 September 1930 – 27 June 2010) was a British politician and writer. He chaired the Bertrand Russell Peace Foundation (BRPF) and edited '' The Spokesman'', the BRPF magazine launched in March 1970. He was a Labour P ...
, a Canada Research Chair and faculty member at the
University of Saskatchewan The University of Saskatchewan (U of S, or USask) is a Universities in Canada, Canadian public university, public research university, founded on March 19, 1907, and located on the east side of the South Saskatchewan River in Saskatoon, Saskatch ...
, 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 The Iroquois ( ), also known as the Five Nations, and later as the Six Nations from 1722 onwards; alternatively referred to by the Endonym and exonym, endonym Haudenosaunee ( ; ) are an Iroquoian languages, Iroquoian-speaking Confederation#Ind ...
Chief Deskaheh and Māori religious leader T. W. Ratana, who attempted to bring issues of Canada and New Zealand's failure to uphold treaties to the
League of Nations The League of Nations (LN or LoN; , SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference (1919–1920), Paris Peace ...
, United Nations' precursor. 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. The declaration went through numerous drafts from 1994, after a version had already been recommended by the
Vienna Declaration and Programme of Action The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Ri ...
in 1993, to 2006, when the draft of the declaration was adopted and its adoption at the
United Nations General Assembly The United Nations General Assembly (UNGA or GA; , AGNU or AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its Seventy-ninth session of th ...
was recommended by the
United Nations Human Rights Council The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a United Nations Regional Gro ...
. 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.


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 Vietnam, officially the Socialist Republic of Vietnam (SRV), is a country at the eastern edge of mainland Southeast Asia, with an area of about and a population of over 100 million, making it the world's List of countries and depende ...
.


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 The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
, 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 Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
(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 The Working Group on Indigenous Populations (WGIP) was a subsidiary body within the structure of the United Nations. It was established in 1982, and was one of the six working groups overseen by the Sub-Commission on the Promotion and Protection of ...
(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 The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is one of the firs ...
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. The final version of the declaration was adopted on June 29, 2006, by the 47-member
Human Rights Council The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The ...
(the successor body to the Commission on Human Rights), with 30 member states in favour, 2 against, 12 abstentions, and 3 absentees. 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: All four member states that voted against have their origins as settler
colonies A colony is a territory subject to a form of foreign rule, which rules the territory and its indigenous peoples separated from the foreign rulers, the colonizer, and their '' metropole'' (or "mother country"). This separated rule was often or ...
of the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
, 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. 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 The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
that would bring Canadian law into alignment with the UN resolution. 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.
Australian Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the pr ...
interventions have been challenged under its terms without success. Three abstaining countries, Colombia, Samoa, and Ukraine have since endorsed the document.


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 Secretary is a title often used in organizations to indicate a person having a certain amount of authority, Power (social and political), power, or importance in the organization. Secretaries announce important events and communicate to the org ...
Ban Ki-moon Ban Ki-moon (born 13 June 1944) is a South Korean politician and diplomat who served as the eighth secretary-general of the United Nations between 2007 and 2016. Prior to his appointment as secretary-general, Ban was the South Korean minister ...
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 Louise Arbour, (born February 10, 1947) is a Canadian lawyer, prosecutor and jurist. Arbour was the UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Pr ...
, a former justice of the
Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
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." Similarly, news of the declaration's adoption was greeted with jubilation in Africa and, present at the General Assembly session in New York,
Bolivia Bolivia, officially the Plurinational State of Bolivia, is a landlocked country located in central South America. The country features diverse geography, including vast Amazonian plains, tropical lowlands, mountains, the Gran Chaco Province, w ...
n
foreign minister In many countries, the ministry of foreign affairs (abbreviated as MFA or MOFA) is the highest government department exclusively or primarily responsible for the state's foreign policy and relations, diplomacy, bilateral, and multilateral r ...
David Choquehuanca David Choquehuanca Céspedes (born 7 May 1961) is a Bolivian diplomat, peasant leader, politician, and trade unionist serving as the 39th vice president of Bolivia since 2020. A member of the Movement for Socialism, he previously served as min ...
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 The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
. Bolivia has become the first country to approve the U.N. declaration of indigenous rights.
Evo Morales Juan Evo Morales Ayma (; born 26 October 1959) is a Bolivian politician, trade union organizer, and former cocalero activist who served as the 65th president of Bolivia from 2006 to 2019. Widely regarded as the country's first president to come ...
,
President of Bolivia The president of Bolivia (), officially known as the president of the Plurinational State of Bolivia (), is head of state and head of government of Bolivia and the captain general of the Armed Forces of Bolivia. According to the Bolivian C ...
, 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 Survival International is a human rights organisation formed in 1969, a London based charity that campaigns for the collective rights of Indigenous, tribal and uncontacted peoples. The organisation's campaigns generally focus on tribal people ...
, 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 The Innu/Ilnu ('man, person'), formerly called Montagnais (French for ' mountain people'; ), are the Indigenous Canadians who inhabit northeastern Labrador in present-day Newfoundland and Labrador and some portions of Quebec. They refer to ...
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." The
Australian Institute of Aboriginal and Torres Strait Islander Studies The Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS), established as the Australian Institute of Aboriginal Studies (AIAS) in 1964, is an independent Australian Government statutory authority. It is a collecting, ...
(AIATSIS) formally acknowledges and upholds the principles of the declaration in both their ''Collection Access and Use Policy'' and their ''Guidelines for Ethical Research in Australian Indigenous Studies.''


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 Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international la ...
, access to lands, territories and resources and the lack of a clear definition of the term "indigenous". In addition to those intending to vote against the adoption of the declaration, a group of African countries represented by
Namibia Namibia, officially the Republic of Namibia, is a country on the west coast of Southern Africa. Its borders include the Atlantic Ocean to the west, Angola and Zambia to the north, Botswana to the east and South Africa to the south; in the no ...
proposed to defer action, to hold further consultations, and to conclude consideration of the declaration by September 2007. 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. All four opposing countries later changed their vote in favour of the declaration.


Australia

The
Australian Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the pr ...
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." Marise Payne,
Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...
Australian Senate The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the Australian House of Representatives, House of Representatives. The powers, role and composition of the Senate are set out in Chap ...
for
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, further elaborated on the Australian government's objections to the declaration in a speech to the
Australian Senate The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the Australian House of Representatives, House of Representatives. The powers, role and composition of the Senate are set out in Chap ...
:Matters of Urgency: United Nations Declaration on the Rights of Indigenous Peoples
Senate Hansards, 10 September 2007.
*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." * Concerns over the extension of
indigenous intellectual property Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such pro ...
rights under the declaration as unnecessary under current international and
Australian law The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are subs ...
. * 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." * 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." 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." * 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", such as customary corporal and capital punishments. In October 2007 former Australian Prime Minister
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007. He held office as leader of the Liberal Party of Australia. His eleven-year tenure as prime min ...
pledged to hold a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
on changing the
Australian constitution The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
to recognize
Indigenous Australians Indigenous Australians are people with familial heritage from, or recognised membership of, the various ethnic groups living within the territory of contemporary Australia prior to History of Australia (1788–1850), British colonisation. The ...
if re-elected. He said that the distinctiveness of people's identity and their rights to preserve their heritage should be acknowledged. On April 3, 2009, the
Rudd Government Rudd Government may refer to the following Australian governments: * Rudd government (2007–10) * Rudd government (2013) {{Dab ...
formally endorsed the declaration.


Canada

The
Canadian Government The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes ministers of the Crown ( ...
said that while it supported the "spirit" of the declaration, it contained elements that were "fundamentally incompatible with
Canadian Constitution The Constitution of Canada () is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various ...
", 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). Former Minister of Indian Affairs and Northern Development, Chuck Strahl, described the document as "unworkable in a Western democracy under a constitutional government." 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 First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ...
. 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." The Assembly of First Nations passed a resolution in December 2007 to invite Presidents
Hugo Chávez Hugo Rafael Chávez Frías (; ; 28 July 1954 – 5 March 2013) was a Venezuelan politician, Bolivarian Revolution, revolutionary, and Officer (armed forces), military officer who served as the 52nd president of Venezuela from 1999 until De ...
and
Evo Morales Juan Evo Morales Ayma (; born 26 October 1959) is a Bolivian politician, trade union organizer, and former cocalero activist who served as the 65th president of Bolivia from 2006 to 2019. Widely regarded as the country's first president to come ...
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 The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The ...
. On March 3, 2010, in the
Speech From the Throne A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or their representative, reads a prepared speech to members of the nation's legislature when a Legislative session, session is opened. ...
, the
Governor General of Canada The governor general of Canada () is the federal representative of the . The monarch of Canada is also sovereign and head of state of 14 other Commonwealth realms and resides in the United Kingdom. The monarch, on the Advice (constitutional la ...
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". 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." In 2015, Romeo Saganash (a
Cree The Cree, or nehinaw (, ), are a Indigenous peoples of the Americas, North American Indigenous people, numbering more than 350,000 in Canada, where they form one of the country's largest First Nations in Canada, First Nations. They live prim ...
Member of Parliament for
Abitibi—Baie-James—Nunavik—Eeyou Abitibi—Baie-James—Nunavik—Eeyou (formerly known as Abitibi, Abitibi—Baie-James—Nunavik and Nunavik—Eeyou) is a federal riding in the province of Quebec, Canada, that has been represented in the House of Commons of Canada since 19 ...
) sponsored
Private Member's Bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
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. On July 7, 2015, in an open letter to provincial cabinet members,
Premier of Alberta The premier of Alberta is the head of government and first minister of the Canadian province of Alberta. The current premier is Danielle Smith, leader of the governing United Conservative Party, who was sworn in on October 11, 2022. The premi ...
Rachel Notley Rachel Anne Notley (born April 17, 1964) is a Canadian lawyer and former politician who was the 17th premier of Alberta from 2015 to 2019 and leader of the Alberta New Democratic Party (NDP) from 2014 to 2024. Notley was the member of the Le ...
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. 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
United Nations Permanent Forum on Indigenous Issues The United Nations Permanent Forum on Indigenous Issues (UNPFII or PFII) is the UN's central coordinating body for matters relating to the concerns and rights of the world's indigenous peoples. There are more than 370 million indigenous peop ...
, 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." Bennett described the declaration as "breathing life into Section 35 [of the
Canadian Constitution The Constitution of Canada () is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various ...
] and recognizing it as a full box of rights for Indigenous Peoples in Canada." In July 2016, Canadian Justice Minister Jody Wilson-Raybould, a member of a Kwakwakaʼwakw, 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 ''Indian Act'' () is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how t ...
'', the current governing statute. The federal government pledged on 21 June 2017 to rename its National Aboriginal Day to be consistent with the terminology used by the declaration. In September 2017, the British Columbia's provincial government announced that it will govern in accordance with the principles outlined in the declaration. On October 24, 2019, it announced that it will amend its legislation to conform to UNDRIP. BC is the first province in Canada to start implementing legislation in accordance with the UNDRIP. 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. 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 . The legislation was originally put forth by Minister of Indigenous Relations and Reconciliation Scott Fraser (politician), under John Horgan's
New Democratic Party The New Democratic Party (NDP; , ) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic: * * * * * * * * * * * * * The Editors of ''Encyclopædia Britann ...
government. The
Legislative Assembly of British Columbia The Legislative Assembly of British Columbia () is the deliberative assembly of the Legislature of British Columbia, in the province of British Columbia, Canada. The other component of the Legislature is the lieutenant governor of British Columbi ...
notes that the purposes 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. As of November 2019, the BC government has committed to putting almost per year aside for First Nation communities, in order for them to invest in their own self-governance and cultural revitalization; the province has also dedicated 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. 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 A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
David Lametti that would bring Canadian law into alignment with the UN resolution. 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.


New Zealand

In 2007 New Zealand's
Minister of Māori Affairs Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...
, 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." In response,
Māori Party Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the Co ...
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". 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. However, on April 19, 2010, Sharples announced New Zealand's support of the declaration at a speech in New York. Despite not being incorporated into law, UNDRIP has begun to influence policy and judicial decisions in New Zealand. For example, the Declaration has been referenced in several decisions of the Supreme Court of New Zealand and extensively in findings by the Waitangi Tribunal. On 24 November 2023, the National-led coalition agreed not to recognize the declaration as having any binding legal effect on New Zealand as part of the coalition agreement. This coalition government also agreed to stop all work on He Puapua, which is a report on implementing the goals of UNDRIP in New Zealand.


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." 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. 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 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. The Obama administration's decision came after three consultation meetings with Native Americans and more than 3,000 written comments on the subject. 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 Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international la ...
specific to indigenous peoples," which is not the same as the existing concept in international law. 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."


By supporting countries


United Kingdom

Speaking on behalf of the
United Kingdom Government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central executive authority of the United Kingdom of Great Britain and Northern Ireland.
, 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." 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.


Finland

Finland signed the International Declaration on the Rights of Indigenous Peoples when it was originally put forward. However the reindeer owners and Forest Administration ( Metsähallitus) have a long dispute in the area of the forests. The
UN Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per yea ...
ordered the Finnish State to stop logging in some of the disputed areas.


Abstentions


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 The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process.resolution 60/251of 3 April 2006, the UPR periodically examines the human rights performance of a ...
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.


Ukraine

Ukraine, which initially abstained from adopting the declaration, changed its approach to indigenous issues in response to the recent
annexation Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held t ...
of
Crimea Crimea ( ) is a peninsula in Eastern Europe, on the northern coast of the Black Sea, almost entirely surrounded by the Black Sea and the smaller Sea of Azov. The Isthmus of Perekop connects the peninsula to Kherson Oblast in mainland Ukrain ...
, asserting that
Crimean Tatars Crimean Tatars (), or simply Crimeans (), are an Eastern European Turkic peoples, Turkic ethnic group and nation indigenous to Crimea. Their ethnogenesis lasted thousands of years in Crimea and the northern regions along the coast of the Blac ...
are indigenous people. In May 2014, the country formally endorsed the UNDRIP.Don't Cry for Us Ukraina! (Ukraine)
, International Committee for Crimea, Inc
On June 1, 2021,
Verkhovna Rada of Ukraine The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameralism, unicameral parliament of Ukraine. It consists of 450 Deputy (legislator), deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovn ...
passed the law "On the Indigenous Peoples of Ukraine", regarding the status of Crimean Tatars,
Crimean Karaites Crimean Karaites or simply Karaites (Crimean Karaim language, Karaim: Кърымкъарайлар, ''Qrımqaraylar'', singular къарай, ''qaray''; Trakai dialect: ''karajlar'', singular ''karaj''; ; ; ), also known more broadly as Eastern E ...
, and
Krymchaks Krymchaks ( Krymchak: , , , ) are Jewish ethno-religious communities of Crimea derived from Turkic-speaking adherents of Rabbinic Judaism.Fiji Fiji, officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists of an archipelago of more than 330 islands—of which about ...
,
Kiribati Kiribati, officially the Republic of Kiribati, is an island country in the Micronesia subregion of Oceania in the central Pacific Ocean. Its permanent population is over 119,000 as of the 2020 census, and more than half live on Tarawa. The st ...
,
Marshall Islands The Marshall Islands, officially the Republic of the Marshall Islands, is an island country west of the International Date Line and north of the equator in the Micronesia region of the Northwestern Pacific Ocean. The territory consists of 29 c ...
,
Nauru Nauru, officially the Republic of Nauru, formerly known as Pleasant Island, is an island country and microstate in the South Pacific Ocean. It lies within the Micronesia subregion of Oceania, with its nearest neighbour being Banaba (part of ...
,
Palau Palau, officially the Republic of Palau, is an island country in the Micronesia subregion of Oceania in the western Pacific Ocean. The Republic of Palau consists of approximately 340 islands and is the western part of the Caroline Islands ...
,
Papua New Guinea Papua New Guinea, officially the Independent State of Papua New Guinea, is an island country in Oceania that comprises the eastern half of the island of New Guinea and offshore islands in Melanesia, a region of the southwestern Pacific Ocean n ...
,
Solomon Islands Solomon Islands, also known simply as the Solomons,John Prados, ''Islands of Destiny'', Dutton Caliber, 2012, p,20 and passim is an island country consisting of six major islands and over 1000 smaller islands in Melanesia, part of Oceania, t ...
,
Tonga Tonga, officially the Kingdom of Tonga, is an island country in Polynesia, part of Oceania. The country has 171 islands, of which 45 are inhabited. Its total surface area is about , scattered over in the southern Pacific Ocean. accordin ...
,
Tuvalu Tuvalu ( ) is an island country in the Polynesian subregion of Oceania in the Pacific Ocean, about midway between Hawaii and Australia. It lies east-northeast of the Santa Cruz Islands (which belong to the Solomon Islands), northeast of Van ...
,
Vanuatu Vanuatu ( or ; ), officially the Republic of Vanuatu (; ), is an island country in Melanesia located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is east of northern Australia, northeast of New Caledonia, east o ...
.


See also

* Related international declarations, resolutions, and treaties: ** Alta Outcome Document **
Declaration on the Granting of Independence to Colonial Countries and Peoples The Declaration on the Granting of Independence to Colonial Countries and Peoples, also known as the United Nations General Assembly Resolution 1514, was a resolution of the United Nations General Assembly during its fifteenth session, that af ...
and UN General Assembly Resolution 1654 ** Indigenous and Tribal Peoples Convention, 1989 (C169) **
United Nations Declaration on the Rights of Peasants The Declaration on the Rights of Peasants (UNDROP; full title: United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas) is a United Nations General Assembly resolution on human rights with "universal und ...
** Nagoya Protocol to the
Convention on Biological Diversity The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity (or biodiversity); the sustainable use of its ...
** Biodiversity Beyond National Jurisdictions Agreement (BBNJ) ** Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK) *
Right to development The right to development is a human right that recognizes every human right for constant improvement of well-being. It was recognized by the United Nation as an international human right in 1986. History The right to development was debated fo ...
*
Cultural rights Cultural rights are rights related to themes such as language; cultural and artistic production; participation in cultural life; cultural heritage; intellectual property rights; author's rights; minorities and access to culture, among others. ...
* Free, prior and informed consent *
Indigenous intellectual property Indigenous intellectual property is a term used in national and international forums to describe intellectual property held to be collectively owned by various Indigenous peoples, and by extension, their legal rights to protect specific such pro ...
*
Bioprospecting Bioprospecting (also known as biodiversity prospecting) is the exploration of natural sources for small molecules, macromolecules and biochemical and genetic information that could be developed into commercialization, commercially valuable prod ...
and
biopiracy Biopiracy (also known as scientific colonialism ) is the unauthorized appropriation of knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control through patents or in ...
* International Year of Indigenous Languages *
Settler colonialism in Canada Settler colonialism in Canada refers to the process and effects of colonization on the Indigenous peoples in Canada, Indigenous peoples of Canada. As colonization progressed, Indigenous peoples were subject to policies of forced assimilation an ...


References


Citations


Sources

*


External links


United Nations Declaration on the Rights of Indigenous Peoples as Adopted by the General Assembly, 13 September 2007
Full text of the declaration. {{DEFAULTSORT:Declaration On The Rights Of Indigenous Peoples Indigenous politics Indigenous law United Nations General Assembly resolutions Human rights instruments 2007 in the United Nations Truth and reconciliation reports