5

The United Nations

Declaration on the
Rights of Indigenous
10 Peoples
(Article 18-35)
(WRITTEN REPORT)
SAMEM P. BAJUNAID

15

20 The UN Declaration on the Rights of Indigenous Peoples was adopted on September

 13, 2007 by the United Nations General Assembly, after more than thirty years of work
and negotiations. It is the most comprehensive international human rights instrument to
specifically address their economic, social, cultural, political, civil, spiritual and
environmental rights. In its own words, the Declaration sets out minimum standards
5 necessary for the “dignity, survival and well-being” of Indigenous peoples.

Indigenous person is one who belongs to these indigenous populations through self-
identification as indigenous (group consciousness) and is recognized and accepted by
these populations as one of its members (acceptance by the group). This preserves for
10 these communities the sovereign right and power to decide who belongs to them, without
external interference.

Indigenous peoples are recognized as being among the world’s most vulnerable,
disadvantaged and marginalized peoples. Indigenous peoples are more likely to receive
15 inadequate health services and poor education – if any at all. In response to the ongoing
obstacles hindering the full and effective realization of the rights of indigenous peoples,
there have been significant advances in the development of international standards for the
protection of indigenous peoples’ rights at the international level. These advances
culminated in the adoption of the Declaration by the General Assembly in September
20 2007.

The following is a summary of some of the most important rights in the Declaration.

Articles 18-19
25 Consultation and participatory decision-making

Indigenous peoples have the right to participate in decision-making in matters that will
affect their rights. States must consult with indigenous peoples in order to obtain their
free, prior, and informed consent before adopting measures that may affect them.
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Free, should imply that there is no coercion, intimidation or manipulation, and Prior
should imply consent being sought sufficiently in advance of any authorization or
commencement of activities and respective requirements of indigenous
consultation/consensus processes. Informed should imply that information is provided
35 that covers a range of aspects.

It means that the institutions of decision-making should be devised to enable indigenous

peoples to make decisions related to their internal and local affairs, as well as to
participate collectively in external decision-making processes in accordance with relevant
40 human rights standards.

Consultation with indigenous peoples is a process, rather than a single event, and the
procedures by which consultations are undertaken will be dependent on the
circumstances requiring the consultation. In all cases, consultations should be guided by
45 the overarching requirement of good faith.
 Articles 20-24
Economic and social rights, and vulnerable populations

Indigenous peoples have the right to maintain their health practices and to attain the
5 highest standard of health, and to improve their political, social and economic systems,
especially those concerning subsistence and development priorities and strategies. States
shall take effective and special measures to ensure improvement of their conditions, with
particular attention to the rights and special needs of indigenous elders, women, children,
and persons with disabilities. States must take measures to ensure women and children
10 are free from violence and discrimination.

Articles 25-28
Lands, territories, and resources
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Indigenous peoples have the right to own and control the lands they possess, as well as
the right to compensation for the taking of their lands. States shall provide legal
recognition of their lands through fair and open processes.

20 Indigenous peoples, if deprived of the natural resources pertaining to their lands and
territories, may be deprived of meaningful economic and political self-determination and
self-development.

Articles 29-31
25 Environmental health

Indigenous peoples have the right to protect their traditional knowledge, conserve and
protect their environment, and restore their health, including by restricting hazardous
waste or military activities on their lands.
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Article 32
Development

Indigenous peoples have the right to develop their territories. States must consult with
35 them in order to obtain their free, prior, and informed consent before approval of projects
that may affect them, and provide redress and mitigate adverse impacts.

The concept of development with culture and identity recognizes that indigenous peoples may
assess the well-being of their communities and the appropriate use of their lands, territories and
40 resources in a manner that is distinct from non-indigenous communities.

Articles 33-35
Self-governance

45 Indigenous peoples have the right to determine their own membership, to promote their
institutional and juridical systems, and to determine the responsibilities of individuals to
 their communities.

Thus, Indigenous peoples may exercise control over the legislation and administrative
functions of the State in areas which affect their nations or communities through the
5 devolution of State governance powers.

In addition to these approaches, some States, in collaboration with indigenous peoples,

have taken significant steps to enhance the legislative and administrative powers of
indigenous peoples through guaranteed representation in legislative bodies,
10 constitutionally-protected self-government agreements and legally-mandated consultation
with indigenous peoples where administrative and legislative decisions would impact the
interests of indigenous peoples.