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United Nations Declaration on the Rights of Indigenous Peoples

The United Nations Declaration on the Rights of Indigenous Peoples establishes a universal framework of minimum standards for the survival, dignity, well-being and rights of the world's indigenous peoples.  It explicitly encourages harmonious and cooperative relations between States and indigenous peoples. 

 The Declaration was adopted by the United Nations General Assembly on 13 September 2007.  This followed more than two decades of discussions and negotiations within the United Nations system and between governments and indigenous peoples’ representatives.  

Effective implementation of the Declaration would result in significant improvements in the global situation of indigenous peoples. Australia has endorsed the Declaration.  

 However, it must be remembered that the Declaration is only a statement of principles and, as a result, does not impose any binding obligations on countries that have endorsed the Declaration. 

Nevertheless, the Declaration provides influential guidance on the content of human rights as they particularly relate to Indigenous peoples. 

 Main Provisions

 The Declaration recognises the wide range of basic human rights and fundamental freedoms of indigenous peoples. Among these are the right to :

  •  
  •     self-determination
  •     freely pursue one’s economic, social and cultural development
  •     maintain and develop one’s own political, religious, cultural and educational institutions
  •     against genocide, acts of violence and forcible removal
  •     against forced assimilation or destruction of one’s culture
  •     use and control lands, territories and other natural resources
  •     protection of one’s cultural and intellectual property
  •     practice and revitalize one’s customs and spiritual, cultural, ceremonial and religious traditions
  •     equal access to all social and health services (highest attainable standard of physical and mental health)
  •     prior and informed consultation, participation and consent in activities of any kind that impact on indigenous peoples, their      property or territories.
  •    equality and freedom from any kind of discrimination
  •  
  •      unalienable collective right to the ownership
       

 The Declaration also provides for fair and mutually acceptable procedures to resolve conflicts between indigenous peoples and States, including procedures such as:

negotiations,

mediation,

arbitration,

national courts and

international and regional mechanisms for denouncing and examining human rights violations.

 

States are also encouraged to pay particular attention to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of the Declaration. 

 

Related Links

Please click for a copy of the UN Declaration on the Rights of Indigenous Peoples.