Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

This [is] the only Declaration in the UN which was drafted with the rights-holders themselves, the Indigenous Peoples. We see this is as a strong Declaration which embodies the most important rights we and our ancestors have long fought for; our right of self-determination, our right to own and control our lands, territories and resources, our right to free, prior and informed consent, among others. Each and every article of this Declaration is a response to the cries and complaints brought by indigenous peoples before the UN Working Group on Indigenous Populations (WGIP). This is a Declaration which makes the opening phrase of the UN Charter, “We the Peoples…” meaningful for the more than 370 million indigenous persons all over the world.

Ms. Victoria Tauli-Corpuz, Chair of the UN Permanent Forum on Indigenous Issues

Declaration on the Rights of Indigenous peoples (UNDRIP)

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org2

Elaboration and adoption of the UNDRIP• The drafting of the Declaration started in 1985 in the

Working Group on Indigenous Populations, under the Commission on Human Rights, and was completed in 1993

• In 1995, a working group under the Commission on Human Rights was set up to review the draft. There were more than 100 indigenous legal and human rights experts, organizations, NGOs and government representatives involved in the process.

• UNDRIP was adopted by the Human Rights Council in 2006

• On September 13, 2007, the UNDRIP was adopted by the General Assembly of the United Nations

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org3

Why is the UNDRIP important?

• A comprehensive instrument, developed in collaboration by indigenous peoples, nation states, UN agencies, NGOs over twenty years

• Indigenous peoples actively shaped the Declaration, and contributed with their knowledge in a concrete and collective manner

• The Declaration is seen as representing minimum standards for the survival, dignity, and well being of indigenous peoples

• The UNDRIP was adopted in broad consensus by 143 countries (US, Canada, New Zealand, and Australia being the only countries to vote against)

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org4

Key elements of UN Declaration on the Rights of Indigenous Peoples

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law

Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their rights to participate fully, if they so choose, in the political, economic, social and cultural life of the State

Consultation in good faith with indigenous peoples concerned through their own representative Institutions in order to obtain their free, prior and Informed consent before adopting and implementing legislative or administrative measures that may affect them

Rights to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired with legal recognition and protection to these lands, territories and Resources under respect to the customs, traditions and land tenure system of indigenous peoples

Key elements of UN Declaration on the Rights of Indigenous Peoples

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org6

There is no special supervisory system for the Declaration. However, it is possible to address implementation issues within a framework of the UN’s human rights bodies and mechanism

1) Article 41 of the Declaration states that the “organs and specialized agencies of the United Nations system shall contribute to the full realization of the provisions of the Declaration…”

2) The Human Rights Council undertakes a Universal Periodic Review (UPR) of the fulfilment by each State of its human rights obligations and commitments. The review is a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs. Indigenous peoples’ organizations can attend the sessions of the Human Rights Council if their organizations have consultative status with ECOSOC. If not, they can ask NGOs with such status to accredit them as representative to the session

3) The Permanent Forum on Indigenous Issues is not officially mandated to monitor the implementation of the Declaration, but is a place where you can address implementation issues.

Involvement of UN Agencies & mechanism

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org7

Involvement of UN Agencies & Mechanism

4) The Human Rights Council as well as its Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indignous People. The Expert Mechanism set up in December 2007 to advise the Council on questions relating to the promotion and protection of human rights of indigenous peoples

• UN human rights treaty bodies, particularly the Committee on the Elimination of Racial Discrimination (CERD)

• In February 2008, Guidelines on the integration of indigenous issues into the work of the UN COuntry Teams were issued by the United Nations Development Group (UNDG). The ILO has been an active partner in the elaboration of the Guidelines

• Issues concerning the implementation of the provisions of the declaration can also be discussed with UN agencies

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Relationship C169-UNDRIP

• The Declaration has legal relevance in that it may reflect the obligation of States under other sources of international law, such as customary law and general principle of law.*

*ILO standards and the UN Declaration on the Rights of Indigenous Peoples: An information note for ILO staff and partners

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org9

Challenges & Opportunity of the Declaration of the Rights of Indigenous Peoples

Opportunity: It is rather broadly recognized by states, which

opens the door for indigenous peoples and nation states