Declaration on the Rights of Indigenous Peoples

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

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]

  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. ^ a b c d 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.
  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. ^ "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.
  7. ^ Reyhner, J.; Singh, N. (2010). "Cultural genocide in Australia, Canada, New Zealand, and the United States". Indigenous Policy Journal. S2CID 141340015.
  8. ^ "United Nations Declaration on the Rights of Indigenous Peoples | United Nations For Indigenous Peoples". www.un.org. Retrieved February 16, 2020.
  9. ^ 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.
  10. ^ a b 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
  11. ^ Ferguson, Mark (October 12, 2011). "News". News.usask.ca. Archived from the original on September 25, 2013. Retrieved December 24, 2013.
  12. ^ "Home". University of Waterloo. November 3, 2016. Archived from the original on October 22, 1997. Retrieved August 26, 2017.

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