Declaration on the Rights of Indigenous Peoples

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The Declaration on the Rights of Indigenous Peoples (UNDRIP or DOTROIP^[1]) is a legally non-binding resolution passed by the United Nations in 2007.^[2] 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]

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.^[4]

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.^[6][7]

Since 2007, Australia, Canada, New Zealand, and the United States 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.^[4][9] 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."^[10] Canada Research Chair and faculty member at the University of Saskatchewan^[11][12] Ken Coates argues that UNDRIP resonates powerfully with indigenous peoples, while national governments have not yet fully understood its impact.^[10]