Assignment #2 (Mati Arsoniadis)

#1
Refer to the Daes chapter and identify the main challenges in specific terminology and the
general negotiations the working group encountered in drafting the declaration. Provide a
discussion on the key concepts and issues in defining 2-3 key terms.
Erica-Irene A Daes was formally invited to represent the Working Group on Indigenous
Populations (WGIP) in September of 1984. She faced many challenges while drafting the
declaration and getting it adopted by the five UN nations. After many long consultations the
first 17 principles of the declaration were adopted in 1984 with the presumption of more to
come. In 1985, a “Declartion of Principles” was submitted to the fourth session of the WIPG by
six Indigenous People’s representative groups.
Some of the key challenges in drafting the principles was that they had to be drafted in a way
that would cover all Indigenous Peoples which was particularly difficult because they all have
individual needs. Furthermore, Ivan Tosevski raised doubts about casually referring to
"indigenous peoples." He argued that new criteria identifying two separate categories of people
should preferably not be brought into international law because the term "peoples," as used in
the UN Charter, referred to all peoples. On the other hand, the word "indigenous peoples" does
not need to be defined at this time, according to one WGIP member, because the United
Nations has functioned for 40 years without one.
Many indigenous observers suggested changing the WGIP's title from "indigenous populations"
to "indigenous peoples" to reflect reality. They claimed to represent nations and not
populations or minorities. These are just a few of the many challenged that arose at the
conference.
The language, as developed by Daes and accepted by the WGIP, also centred on indigenous
peoples' rights to equality, self-determination, territories and natural resources, and collective
identity. In general terms, it is concerned with reinforcing the uniqueness of indigenous
societies within the institutional frameworks of current nations. The preliminary work and
debates on the draught declaration have significantly contributed to the tenacity and cohesion
of indigenous peoples.

#2
What is the importance of the UNDRIP as a human rights mechanism? and what articles
and/or content is most important to you and why? provide a few examples.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an important
document because it creates a global framework consisting of minimal requirements for the
Indigenous Peoples' continued existence, dignity, and well-being. It provides a more in-depth
analysis of the existing norms and freedoms pertaining to human rights and how they affect
Indigenous Peoples.
Article 32 of UNDRIP states that “Indigenous peoples have the right to determine and develop
priorities and strategies for the development or use of their lands or territories and other
resources.” Further, “states shall consult and cooperate in good faith with the Indigenous
peoples concerned through their own representative institutions in order to obtain their free
and informed consent prior to the approval of any project affecting their lands or territories and
other resources, particularly in connection with the development, utilization or exploitation of
mineral, water, or other resources.”

Article 28 states that “Indigenous peoples have the right to redress, by means that can include
restitution or, when this is not possible, just, fair, and equitable compensation, for the lands,
territories and resources which they have traditionally owned or otherwise occupied or used,
and which have been confiscated, taken, occupied, used or damaged without their free, prior,
and informed consent.”

Both of these articles are very important to me for a few reasons. One is because I can put
myself into indigenous peoples' shoes and relate to the stress and undue harm that can be
caused to their land. I live in front of a mountain, and I cannot imagine if the mountain was
destroyed for the gain of minerals or other raw goods. So these articles are significant for
preserving the lands and goods of the land that were theirs.