United Nations Declaration

on the Rights of
Indigenous Peoples

E-Learning Series on International Frameworks that

Support Indigenous Peoples, Local Communities, and
Their Territories and Areas
 TABLE OF CONTENTS
INTRODUCTION …………………………………………………………………………………………………………………….. 3
Module Overview ………………………………………………………………………………………………………. 3
Objectives ………………………………………………………………….....………………………………………….. 3
Key Concepts & Terms ………………………………………………………………………………………………. 3
Who Is This E-learning Module Directed Towards? ……………………………………………………. 5

COMMUNITIES AND THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES .. 5
The Emergence of the Declaration …………………………………………………………………………….. 5
Background.......…………………………………………………………………………………………………………. 6
Guiding Questions for Self-Assessment ……………………………………………………………………… 7
How Does The Declaration apply to Communities? ......................……………………………… 7
Community Experiences ……………………………………………………………………………………………. 7
Who Does the Declaration Apply to? ............................................................................. 8
Guiding Questions for Self-Assessment and Discussion ……………………………………………… 10
RIGHTS & RESPONSIBILITIES ……………………………………………………………………........................ 11
What Rights and Responsibilities Do Communities Have? ............................……………… 11
Guiding Questions for Self-Assessment and Discussion ................................................. 18
The Declaration, Biological Diversity and Conservation ................................................. 19
What Rights and Responsibilities Do States Have? ........................................................ 19
Guiding Questions for Self-Assessment ……………………………………………………………………… 22
What Rights and Responsibilities Does the United Nations Have? ................................ 23
WHAT DOES THE DECLARATION MEAN FOR MY COMMUNITY? …………………………..................... 23
Guiding Questions for Discussion ………………………………………………………………………………. 26

TAKING ACTION ……………………………………………………………………………………………………………………. 26

Discussing Our Community’s Views, Priorities & Strategies ……………………………………….. 26
Communicating Your Views to Others ………………………………………………………………………. 27
Ideas for Advocacy & Action ……………………………………………………………………………………… 27
SUMMARY …………………………………………………………………………………………………………………………… 28
ADDITIONAL RESOURCES …………………………………………………………………………………........................ 28
Other Relevant E-modules …………………………………………………………………………………………. 28
Bibliography & Further Reading …………………………………………………………………………………. 28
Acknowledgments……………………………………………………………………………………………………… 30
Contact & Request for Feedback ……………………………………………………………………………….. 30

Cover photo: Traditional rice cultivation in Madagascar

INTRODUCTION
Module Overview
This module aims to provide insight into the United Nations Declaration on the Rights of Indigenous
Peoples and how its provisions apply to Indigenous Peoples worldwide. It provides background to the
Declaration, a detailed examination of its provisions, and guidance for communities to recognize
relevant provisions for application in their own contexts.

Objectives
1. To gain a better understanding of the United Nations Declaration on the Rights of Indigenous
Peoples;
2. To identify specific rights within the Declaration and link them with relevant provisions;
3. To determine how these rights can be applied; and
4. To examine examples of how Indigenous peoples and other relevant actors have applied these
rights around the world.

Key Concepts and Terms

This module uses the term “Indigenous peoples” in particular. Under international law, "peoples" have
the right to self-determination – not simply "minorities" or "communities", which are ambiguous terms.
Some States prefer to refer to Indigenous peoples as "populations" or "communities". However,
denying Indigenous peoples their status as "peoples" in order to deny them the human right of self-
determination constitutes "racial discrimination" under Article 1 of the International Convention on the
Elimination of All Forms of Racial Discrimination.

Assimilation Involves forcefully incorporating Indigenous individuals or groups into wider

society so as to destroy the culture, language and other features of a distinct
Indigenous group.
Consent Giving permission for something to happen. This should be after you have
been consulted and participating in the process. The process of informing
and negotiation should include:
- All parties meeting and interacting at an equal level, with no power
imbalances;
- Respect for decision-making process of Indigenous peoples;
- Respect for the traditional way of life of Indigenous peoples.1
Expert Mechanism Established by the UN’s main human rights body, the Human Rights Council.
on the Rights of The Expert Mechanism consists of five independent experts on the rights of
Indigenous Peoples Indigenous peoples. It provides the Human Rights Council with advice on the
rights of Indigenous peoples through studies and research on particular
themes. Current studies include indigenous languages and cultures, and
indigenous peoples’ right to participate in decision making (with a particular
focus on extractive industries). Here is a video discussing the Expert

1
Australian Human Rights Commission, The Community Guide to the UN Declaration on the Rights of Indigenous
Peoples at page 25.
 Mechanism and its role.
Free To be able to do whatever you wish including making decisions, without
being controlled or pressured by others.
General Assembly A major body of the United Nations that is involved with policy making and is
most representative – it is comprised of all 193 member states of the United
Nations. Each United Nations member state has equal representation and
voting powers.
Genocide The destruction (typically by killing) of a distinct ethnic group. It can also
mean the destruction of other features of a distinct ethnic group, including
cultural practices, language, etc.
Informed Having all the information necessary (including ongoing updates to that
information) in order to make a proper decision. It also means that you must
understand that information, so in some circumstances an interpreter and
proper time to receive the information is necessary.
Institution An institution is a body that helps to govern or determine the way people live
their lives. For example, governments and representative bodies are
institutions.
Intellectual Intellectual property refers to “creations of the mind” including inventions,
Property images, artistic works and designs. Issues arise about the “traditional”
innovations and creative expressions of Indigenous peoples and local
communities and whether they are protected by intellectual property laws
and systems.2 The World Intellectual Property Organisation (WIPO) website
has further information here.
International Consists of a number of human rights treaties and sources of law (including
human rights law customary international law) that protect human rights and create binding
obligations within states. The international bill of human rights is the name
given to the collection of instruments including the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, and
the International Covenant on Economic, Social and Cultural Rights and their
optional protocols. These instruments are considered to be core human
rights legal instruments setting out minimum human rights standards. They
are supplemented by more detailed human rights instruments including the
Convention on the Elimination of all forms of Racial Discrimination and the
Convention on the Rights of the Child.
Permanent Forum Advises the UN Economic and Social Council on Indigenous issues related to
on Indigenous social development, culture, the environment, education, health and human
Issues rights. Its mandate also includes raising awareness, distributing information
and coordinating activities relating to Indigenous issues. The Permanent
Forum consists of sixteen independent experts, half nominated by states and
Indigenous organizations. Indigenous peoples, state representatives and
diverse UN agencies attend sessions of the Permanent Forum.
Prior Being told and a part of discussions before any project begins.
Special Rapporteur Appointed by the Commission on Human Rights in 2001. The role of the
on the Rights of Special Rapporteur is to promote good practice between Indigenous peoples
Indigenous Peoples and states, implement international standards regarding the rights of

2
World Intellectual Property Organisation (WIPO), What is Intellectual Property? Located at
[Link]
 Indigenous peoples, report on the human rights situations of Indigenous
peoples in particular countries, address rights violations through
communications with Governments, and conduct or contribute to studies
regarding the protection and promotion of the rights of Indigenous peoples.

Who Is This E-learning Module Directed Towards?

This e-learning module may be useful if your community has any of the following:
 Characteristics of “Indigenous peoples” as set out in this module;
 A close, historic relationship with a particular territory, area, or resource;
 Historical issues regarding that territory, area, or resource such as a lack of consultation for their
use or negative impacts of external activities; and/or
 An interest in, as an Indigenous person or community, asserting any of the rights in the
Declaration on the Rights of Indigenous Peoples.

COMMUNITIES & THE UNITED NATIONS DECLARATION ON

THE RIGHTS OF INDIGENOUS PEOPLES
The Emergence of the Declaration
There are more than 370 million Indigenous peoples in more than 70 countries worldwide. Despite the
number, Indigenous peoples are some of the most vulnerable peoples in the world. Subjected to
discrimination, oppression, colonization, assimilation, and cultural and other genocide over generations,
many have suffered unimaginable traumas that continue to be remembered and have formed part of
the identities of such groups to this day. Many governments around the world have denied and continue
to deny the rights of indigenous peoples to lands, territories and resources which they have traditionally
owned or otherwise occupied or used.

As awareness increased of these particular vulnerabilities, a Special Rapporteur on Indigenous Peoples,

Jose Martinez Cobo, was appointed by the United Nations Economic and Social Council in 1971 to study
the patterns of Indigenous populations around the world. His study prompted the establishment of a
Working Group on Indigenous Populations, made up of five independent experts appointed by the
United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. Part of its
role was to develop international standards on the rights of Indigenous peoples.

A draft declaration on the rights of Indigenous peoples began to be drafted in 1984 with the broad
participation of indigenous peoples and organisations and States. A final draft of the declaration was
agreed in July 1993 at the eleventh session of the Working Group and presented to the sub-commission.
This draft was adopted and submitted to the Commission on Human Rights. In 1995, a new Working
Group was appointed to elaborate on the draft declaration. The draft declaration was adopted by the
newly formed Human Rights Council through the adoption of resolution 1/2 of 29 June 2006.
Unexpectedly, the Third Committee of the General Assembly then deferred adoption of the Declaration,
pending further consultations.3

It is in this context of more than two decades of negotiations that the United Nations Declaration on the
Rights of Indigenous Peoples (the “Declaration”) was eventually adopted by the United Nations General
Assembly on 13 September 2007, at which time the Declaration became universally applicable.

Background
The Declaration is an international human rights instrument that affirms the fundamental rights of
Indigenous peoples around the world. At the time of adoption, 144 countries voted in favour of the
Declaration, four countries (the United States, Canada, Australia, and New Zealand) voted against, and
eleven countries abstained from voting (including Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia,
Georgia, Kenya, Nigeria, Russian Federation, Samoa, and Ukraine). Since 2007 adoption of the
Declaration, all four countries originally opposed have now endorsed it.

The Declaration sets out in one instrument the collective and individual human rights of Indigenous
peoples. These rights are not new - whilst the Declaration is not legally binding in the same manner as
international conventions, it does have legal effect. The Declaration reflects customary international
law (legal standards that have become obligatory on states through their widespread use) and the
principles are pre-existing human rights standards, already recognized in a number of human rights
instruments. The rights set out in the Declaration are regarded as “the minimum standards for the
survival, dignity and well-being of the Indigenous peoples of the world” (see Article 43 of the
Declaration).

Guidance as to the application of the Declaration is especially provided by three UN mechanism created
to deal with Indigenous issues: the Permanent Forum on Indigenous Issues, the Expert Mechanism on the
Rights of Indigenous Peoples, and the Special Rapporteur on the Rights of Indigenous Peoples.

Resources: Factsheets about the Declaration by Key Organizations

Australian Human Rights Commission
The Assembly of First Nations, Canada
Amnesty International Canada, Canadian Friends Service Committee, and Assembly of First Nations
(with endorsements by a number of other organizations)
Webinar: Implementing the UN Declaration on the Rights of Indigenous Peoples (Assembly of First
Nations, Grand Council of the Crees (Eeyou Istchee), Union of BC Indian Chiefs, Amnesty International
Canada, and CFSC)

3
Wiessner, S., “United Nations Declaration on the Rights of Indigenous Peoples” in Audiovisual Library of
International Law located at [Link]
Guiding Questions for Self-Assessment
1. When was the first draft declaration on Indigenous peoples drafted?
a) 1985
b) 1996
c) 2001

2. In what year was the United Nations Declaration on the Rights of Indigenous Peoples adopted?
a) 2005
b) 2007
c) 2006

3. Which four countries voted against the adoption of the United Nations Declaration on the Rights
of Indigenous Peoples?
a) United States, Canada, New Zealand, Australia
b) Kenya, Canada, Bangladesh, Australia
c) Australia, New Zealand, United States, Russia Federation
Answers: 1(a); 2(b); 3(a)

How Does the Declaration Apply to Communities?

The Declaration directly applies to Indigenous peoples and individuals in general. Courts are free to rely
on declarations in interpreting human rights – as are Indigenous and non-Indigenous governments and
human rights bodies. Human rights declarations are not legally binding on states in the same manner as
treaties. The Declaration was adopted as an annex to a General Assembly resolution. Treaties,
however, must be ratified by states who are then legally bound. A treaty or convention is an agreement
between States that creates binding legal obligations under international law. It is important to note
that many of the rights in the Declaration (referring to how they apply to Indigenous peoples in
particular) reflect those in binding human rights treaties such as:
 The International Covenant on Civil and Political Rights;
 The International Covenant on Economic, Social and Cultural Rights; and
 The International Convention on the Elimination of All Forms of Racial Discrimination.

The Declaration elaborates on international human rights, providing a global context relating to
indigenous peoples.

The Declaration was a response to many years of negotiations within the international community
between States and Indigenous peoples. As such, it reflects an understanding between both States and
Indigenous peoples the Declaration constitutes a standard of achievement to be pursued in a spirit of
partnership and mutual respect. (Preamble, Paragraph 24). In addition, there are United Nations bodies
such as the Permanent Forum on Indigenous Issues and the Special Rapporteur that have a
responsibility to monitor the application (or violation) of Indigenous rights worldwide.

Community Experiences
The Declaration is relatively new and, as such, has not been commented on widely with respect to
experience of its usage in communities. However, it is highly significant that the Declaration has been
commented on in regional jurisprudence with respect to, amongst other things, the land rights of
Indigenous peoples. Some examples of use of the Declaration at the community, state and regional
levels include:

- The Endorois people argued, in their case against Kenya, that the Kenyan government was in violation
of several provisions of the Declaration. Whilst acknowledging that Kenya had not endorsed the
Declaration, the African Commission on Human and Peoples Rights in the case of Endorois Welfare
Council v Kenya4 identified a number of rights within the Declaration that the Endorois claimed had been
violated and looked to other regional cases to support these rights.
- Within the Organization of American States (OAS), the UN Declaration is being used as “the baseline
for negotiations and … a minimum standard” for the draft American Declaration on the Rights of
Indigenous Peoples.
- In Bolivia, the Declaration was adopted at the national level as Law No. 3760 of 7 November 2007 and
incorporated into the new Constitution promulgated on 7 February 2009. Bolivia emphasizes that it
“has elevated the obligation to respect the rights of indigenous peoples to constitutional status, thereby
becoming the first country in the world to implement this international instrument”.
- In the Arctic, Greenland achieved significantly enhanced self-government on June 21, 2009 and
celebrated its new partnership with Denmark. As described by the Premier of Greenland Kuupik Kleist,
“this new development in Greenland and in the relationship between Denmark and Greenland should
be seen as a de facto implementation of the Declaration and, in this regard, hopefully an inspiration to
others”.
- In Belize, the Supreme Court of Belize relied on the UN Declaration and other aspects of international
and domestic law in upholding the land and resource rights of the Maya people.
- In many regions globally, Indigenous peoples’ organizations are implementing the Declaration widely in
their policy and decision-making, negotiations with governments and corporations, and educational
initiatives.

Who does the Declaration apply to?

The Declaration affirms both Indigenous individuals and communities and recognizes both individual and
collective human rights of Indigenous peoples. Historically, the collective rights of Indigenous peoples
have too often been denied. Use of the term Indigenous “peoples” in this Declaration serves to affirm
the existence of group rights. Harmonious and cooperative relations are encouraged between the State
and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-
discrimination and good faith. The collective rights of Indigenous peoples are “indispensible for their
existence, well-being and integral development as peoples” (see Preamble, Paragraph 22). Collective
rights have been recognised by the international and regional human rights systems for more than 30
years.

Some examples of Indigenous communities around the world include the Aborigines and Torres Strait
Islanders in Australia, the Maori in New Zealand, the Saami of northern Europe, the Tuareg and San in
Africa, the Mayans in Guatemala, and the Inuit and First Nations in North America and the circumpolar
Arctic.

4
See Communication 276/2003 – Centre for Minority Rights Development (Kenya) and Minority Rights Group
International on behalf of Endorois Welfare Council v Kenya.
Are you an Indigenous person or do you belong to an Indigenous group?

There is no uniform definition of “Indigenous peoples”. It is the view of the Special Rapporteur on the
Rights of Indigenous Peoples, James Anaya, that the term “ Indigenous” “refers broadly to the living
descendants of pre-invasion inhabitants of lands now dominated by others... are culturally distinctive
groups that find themselves engulfed by settle societies born of the forces of empire and conquest...
(and) their ancestral roots are embedded in the lands in which they live, or would like to live, much
more deeply than the roots of more powerful sectors of society living on the same lands or in close
proximity”.5

Some other sources provide universal characteristics that are used to identify Indigenous peoples. The
International Labour Organisation’s Indigenous and Tribal Peoples Convention, 1989 (No. 169) describes
who the Convention applies to in Article 1:

 Tribal peoples that can be distinguished from other groups in their country, based on their
social, cultural and economic conditions
 Peoples who follow their own customs, traditions, special laws or regulations, either in whole in
or in part
 Peoples who descend from Indigenous populations which inhabited the country or a particular
region at the time of conquest or colonisation or the establishment of present state boundaries;
and who still have retain some or all of their own social, economic, cultural, and political
institutions
 Self-identification as Indigenous or tribal

The United Nations Sub-commission on Prevention of Discrimination and Protection of Minorities

produced a study that set out the following definition:

“Indigenous communities, peoples and nations are those which, having a historical continuity
with pre-invasion and pre-colonial societies that developed on their territories, consider
themselves distinct from other sectors of the societies now prevailing in those territories, or parts
of them. They form at present non-dominant sectors of society and are determined to preserve,
develop and transmit to future generations their ancestral territories, and their ethnic identity,
as the basis of their continued existence as peoples, in accordance with their own cultural
patterns, social institutions and legal systems”.6

Most recently, the Permanent Forum on Indigenous Issues has also identified that Indigenous peoples
may have the following characteristics:

 A strong link to land and natural resources

 A distinct language, culture and beliefs
 A non-dominant position in society
 A dedication to preserving and reproducing ancestral environments and systems as distinct

5
Anaya, S. James, Indigenous Peoples in International Law, 2004, 3.
6
U.N. Subcommission on Prevention of Discrimination and Protection of Minorities, Study of the Problem of
Discrimination against Indigenous Populations, U.N. Doc. E/CN.4/Sub.2/1986/7/Add.4,para.379 (1986).
It is important to recognise that “Indigenous” is not the only term used to describe such peoples. Other
terms used include: tribes, first peoples/nations, aboriginals, and ethnic groups. The United Nations
Permanent Forum on Indigenous Issues has stated that occupational and geographical terms like
“hunter-gatherers, nomads, peasants, hill people, etc.” are also terms that can be used interchangeably
with “Indigenous peoples”. Whilst a State may not recognize certain peoples living within their
territories as “Indigenous”, this does not necessarily mean that such groups are not Indigenous. It is
important to take note of the characteristics of Indigenous peoples above, when evaluating whether a
group of people can be identified as “Indigenous”. Local communities may be identified as such if they
can identify with the above characteristics.

In many instances, being identified as “Indigenous” has negative connotations and people may choose
not to openly define themselves as such.

Resources
For an explanation of the Declaration, see the short interview with Victoria Tauli Corpuz, Chairperson,
UN Permanent Forum for Indigenous Issues (UNPFII) entitled “The UN Declaration on the Rights of
Indigenous Peoples”.
For further resources on the question of “Who is Indigenous?,” see the following fact sheet produced
by the United Nations Permanent Forum on Indigenous Issues entitled “Who are Indigenous
Peoples”.

Guiding Questions for Self-Assessment

1. What are not some typical characteristics of Indigenous peoples?
a) A unique language, culture, and set of beliefs;
b) A dominant, wealthy position in society;
c) Self-identification as tribal or Indigenous.

2. True or false: Indigenous peoples can include hunter-gathers, fisherfolk, nomads and hill people?
a) True
b) False
Answers: 1(b); 2(a)

Guiding Questions for Discussion

 Do you or your community identify as Indigenous, given the characteristics listed above?
 Is your community recognized by your government as Indigenous?
RIGHTS & RESPONSIBILITIES
There a number of toolkits that assist Indigenous peoples in interpreting their rights under the
Declaration and have been utilized to elaborate on the rights below. These toolkits can be found in the
Additional Resources section at the end of this e-module.

What Rights and Responsibilities Do Communities Have?

The Declaration includes rights of Indigenous individuals and peoples. It is divided into several sections,
setting out particular groups of rights in each section. Each will be explained in detail.

The Preamble:

This is the introduction to the Declaration and consists of 24 paragraphs of setting the intention and
helping to guide the interpretation of the Declaration in whole and part.

The Preamble is important as it recognizes:

1. The recognition of existing international law in support of the Declaration;

2. Indigenous peoples are equal to all other peoples, differences should be respected and
discrimination and racism against Indigenous peoples is wrong;
3. Indigenous peoples have suffered historical injustices that have had an impact on their right to
develop in their own way;
4. Indigenous control over developments that affect them will help Indigenous peoples to maintain
and strengthen Indigenous institutions, cultures, and traditions and promote development;
5. The political, economic and social structures of Indigenous peoples are intricately connected to
their culture, spiritual traditions, histories and philosophies as well as their rights to lands,
territories and resources;
6. Respect for Indigenous knowledge, culture and practices contributes to sustainable and
equitable development and proper management of the environment; and
7. The recognition of Indigenous rights improves the relationship between the State and its
Indigenous peoples, based on principles of justice, respect, non-discrimination and good faith.

Overarching Rights

The first two Articles of the Declaration set out fundamental overarching rights of Indigenous peoples.

Article 1 recognizes that Indigenous peoples have the right to fully enjoy the human rights and
freedoms set out in several international human rights instruments such as the Charter of the
United Nations, the Universal Declaration of Human Rights, and international human rights law.
These rights are recognized as applying to individuals or to Indigenous people collectively. The
recognition of collective rights is important given that Indigenous peoples often identify
themselves collectively, rather than as individuals.

Article 2 states that Indigenous peoples are equal to all others and have the right to be free
from discrimination, particularly discrimination due to their Indigenous identity.
Self-Determination

The right to self-determination is an important and fundamental right for Indigenous peoples. It is
widely recognized as a principle of customary international law.7 It is essentially the acknowledgement
that all people are equal and are entitled to control their lives and their futures. All other rights in the
Declaration support the right to self-determination. It is an individual and collective right.

Articles 3, 4, and 5 set out the right of self-determination, which includes:

o The right to choose for Indigenous peoples to choose their own political status;
o The right to pursue economic, social and cultural development;
o The right to autonomy or self-government, including the right for Indigenous peoples to
have their own institutions; and
o The right to participate in the political, economic, social and cultural life of the State
while maintaining their own self-government.

NOTE THAT given the implications of this right, self-determination is usually accompanied by a State’s
reluctance to recognize self-determination as it may be seen as a direct threat to its own sovereignty.
This particular vulnerability of States led to the creation of Article 46, stating that the provisions within
the Declaration do not destroy State sovereignty. This is set out in more detail below.

Free, Prior and Informed Consent

There are a number of Articles in the Declaration that recognize the principle of free, prior and informed
consent with respect to:

 The forced removal of people from their lands or territories (Article 10);
 The removal of cultural, intellectual, religious and spiritual property (Article 11);
 The creation of legislation or administrative measures that may affect Indigenous peoples
(Article 19);
 The confiscation, use, occupation or damage of traditional lands or territories (Article 28);
 Storage or disposal of hazardous materials on Indigenous lands or territories (Article 29); and
 State approval of projects affecting Indigenous lands, territories or other resources, especially in
connection with development, utilization or exploitation of mineral, water or other resources
(Article 32).

It is very important that Indigenous peoples have all information possible before making a decision that
is likely to affect them. This information must not only be available, but must be understood and
translated (if necessary) in order to be able to make a proper decision. This means that if Indigenous
peoples are not given all information, information is out of date or newer information is not made
available, any decisions made have not been made with free, informed consent. The Declaration notes
above several particular instances where free, prior and informed consent is especially important.

7
Anaya, 97.
Life and Security (7-10)

Articles 7 to 10 set out the rights of Indigenous peoples with respect to life, security, genocide, forcible
removal, and assimilation. In particular:

Articles 7 and 8 state that Indigenous individuals and peoples collectively:

o Have a right to life, liberty and safety;
o Have the right to integrity of the mind and body;
o Have the right to live freely, in peace and safety as a distinct group; and
o Shall have remedy for actions by the State including dispossession of lands, forced
removal, assimilation or deprivation of culture.

Indigenous individuals and peoples collectively:

o Shall not be subjected to genocide or any other acts of violence;
o Shall not have children forcibly removed; and
o Shall not be forcibly assimilated or have their culture destroyed.

Articles 9 and 10 state that:

o Indigenous peoples have the right to belong to an Indigenous community, according
to its traditions and customs; and
o Indigenous peoples will be free from discrimination because of their right to belong to
an Indigenous community.

Indigenous individuals and peoples collectively:

o Shall not be forcibly removed from their lands or territories; and
o If relocation must take place, it must not be done without free, prior and informed
consent and agreement on fair compensation (with the possible option of return).

These articles detail the rights of Indigenous peoples to live in safety, to have their culture, customs and
traditions respected and to be free from violations of their rights that they have previously been
subjected to including genocide, assimilation and forcible removal of their lands.

Language, Culture and Spiritual Identity (11-13)

There are a number of provisions in the Declaration that set out Indigenous rights with respect to
language, culture, and spiritual identity. These rights make explicit the importance of cultural traditions
of Indigenous peoples, including traditions and customs that are practised and manifested in objects or
sacred sites and the importance in being able to transmit these customs from generation to generation.
The specific rights include:

Article 11(1), which gives Indigenous peoples the right to practice and enliven cultural traditions
and customs. It also gives the right to maintain and protect past, present, and future examples
such practices including historical sites, visual arts, etc.

Article 12 gives Indigenous peoples the right to practice and develop and teach their spiritual
and religious traditions, customs and ceremonies. It also recognizes the right to privacy for
religious and cultural sites, the right to use and control ceremonial objects, and the right to
repatriation of human remains.
 Article 13 gives Indigenous peoples the right to use, develop and teach to future generations of
Indigenous peoples’ their histories and oral traditions as well as keep traditional names for
communities, places, and people.

Education, Information and Employment (14-17)

Articles 14 to 17 set out rights of Indigenous peoples to education, public information, media and
employment. In more detail:

Article 14 sets out the right of Indigenous peoples to establish and control their own educational
systems and to provide education in their own language in culturally appropriate ways.
Education is to be provided without discrimination.

Article 15 gives Indigenous people the right to dignity in their culture, traditions, and histories
and this will be evident in information that is publicly available.

Article 16 gives Indigenous peoples the right to establish their own media in their own language
and have access to all forms of media (including non-Indigenous media) without discrimination.

Article 17 sets out the right for Indigenous peoples to enjoy domestic and international labour
laws and protections without
discrimination. In particular, Indigenous
children have the right to be free from
exploitation and from performing work that
is likely to be hazardous to their health.

Participation, Development and Economic and

Social Rights (18-24)

The next bundle of rights deals with Indigenous

peoples’ rights of participation, consent, political,
economic or social systems, economic and social
conditions, disabilities, development, and health.
These include, in more detail:

Article 18 recognizes the right of Indigenous peoples to participate in decision making in

situations that will affect them and to allow Indigenous peoples to maintain their decision-
making methods;

This is an essential right that Indigenous peoples should be aware of and States should respect. A lack of
a participation in decision making in situations that will affect them goes to the very heart of self-
determination and self-governance. It is and has been one of the major violations of the human rights of
Indigenous peoples to date.

Article 20 recognizes the right of Indigenous peoples to have their own political, economic or
social systems, enjoy their own means of survival and development and enjoy their traditional
and economic activities. In the event that Indigenous peoples have their means to live and
develop taken away from them, they are entitled to just and fair compensation.
 Article 21 sets out the right of Indigenous peoples to improvement of their economic and social
conditions including education, housing and health.

Article 22 pays particular attention to the rights of special needs of those most vulnerable in the
community, including Indigenous elderly, women, children and disabled.

Article 23 sets out the right of Indigenous peoples to development, including their right to be
actively involved and administer programmes that affect them.

Lastly, Article 24 recognizes the right of Indigenous peoples to traditional medicine and the
maintenance of their traditional practices including conservation of relevant resources. This
right also includes the right to access health services for Indigenous peoples.

Article 24 is particularly important as it recognizes the links between preservation of traditional plants,
animals and minerals and the health and traditional medicinal practices of Indigenous peoples.

Rights to Country, Resources and Knowledge (25-32)

The next bundle of Articles relates to the rights of Indigenous peoples with respect to their lands,
territories and resources, recognition of these rights as well as their culture, laws and traditions,
compensation with respect to the taking away of their land, conservation and military activities, and
traditional knowledge. These rights are critical to self-determination and self-governance, given the
intricate links between Indigenous peoples and their traditionally owned land and natural resources and
the importance of recognition of land and resources rights to the survival of Indigenous culture,
customs, health, and livelihoods. These rights include:

Article 25 recognizes the right for Indigenous peoples to maintain their spiritual relationship
with their traditionally owned (or occupied) lands, territories and resources and uphold their
responsibilities to future generations.

Article 26 importantly acknowledges the rights of Indigenous people to lands that they have
traditionally owned or occupied. Due to this ownership, Indigenous peoples are able to use and
develop this territory as they wish, without interference from the State.

Article 27 gives Indigenous peoples the right to participate in a fair, open and transparent
process in recognizing their rights to their lands and resources. This right can be linked to Article
18, the right to be involved in decisions that are likely to affect them.

Article 28 recognizes that Indigenous peoples the right to a remedy (either returning what is
rightfully theirs or by way of compensation) for lands and resources that Indigenous peoples
have traditionally owned or occupied but have been taken away from them, occupied or
damaged without their free, prior and informed consent. Compensation could be in the form of
land or resources of equivalent value, money or another appropriate remedy.

Article 29 acknowledges the right of Indigenous peoples to the conservation and protection of
their environment, including the capacity of production of their lands.
 Article 30 states that military activities shall not occur on Indigenous lands unless agreed or
requested by Indigenous peoples or it is justified in the public interest;

Article 31 states that Indigenous peoples have the right to maintain, protect and develop their
own cultural heritage, traditional knowledge and cultural expressions and have the right to
protect and develop their own intellectual property accordingly. This includes, for example, their
own genetic, scientific resources and knowledge of plants and animals.

Finally, Article 31 recognizes that Indigenous peoples have the right to determine their own
priorities and strategies for the development of their lands and resources.

Note that the rights of Indigenous peoples to ownership of traditionally owned and utilized lands,
territories and resources are contrary to a State’s rights over their resources in their own territories. For
example, Article 3 of the Convention on Biological Diversity recognizes the sovereignty of States over
their natural resources, completely discounting the role of Indigenous peoples as traditional owners of
certain parts of a States’ territory. This provision and others within the Convention on Biological
Diversity and its Nagoya Protocol that do not demand the free, prior and informed consent on
Indigenous peoples in decision making and fair and equitable sharing of benefits with respect to access
and benefit sharing arrangements ultimately demonstrate the weaknesses in these international legal
frameworks, despite the rights set out in the Declaration.8 However, the Declaration is a fairly recent
addition to the range of international human rights instruments available for use. It does have some
weight and earlier international law instruments should be interpreted in conjunction with the
Declaration.

Self-Governance (33-37)

Articles 33 to 37 of the Declaration discuss different elements that make up self-governance, including
Indigenous identity, institutional structures, integrity of the group and the unique role of Indigenous
peoples in international treaties. These rights are important as they are linked to self-determination and
the right of Indigenous peoples to control their own destinies, enliven, maintain and protect their
unique cultures, traditions, ways of life, lands and natural resources and customary laws.

Article 33 identifies the right of Indigenous peoples to determine membership of their particular
Indigenous group as well as membership of their own institutions according to their own
procedures.

Article 34 recognizes the right to develop and maintain their own institutional structures and
unique customs and traditions according to international human rights standards.

Article 35 acknowledges the right of Indigenous peoples to make their own decisions about
responsibilities given to members of their communities.

Article 36 states that Indigenous peoples on international borders have the right to maintain
and develop contacts with their own peoples and peoples across borders, particularly for
spiritual, cultural, and economic reasons.

8
Morel, C., “Conservation and Indigenous Peoples’ Rights: Must One Necessarily Come at the Expense of the
Other?” in (2010) 17 Policy Matters 174-181, 176.
 Article 37 acknowledges that Indigenous peoples have the right to the recognition and
observance of treaties and agreements with States and that States will honour such treaties and
agreements.

Implementation (38-40)

There are a number of provisions within the Declaration that assist in its implementation. These are
important as they guide States and Indigenous peoples as to how the Declaration should be used.

Article 38 states that States must, in cooperation with Indigenous peoples, take appropriate
measures to fulfil the obligations and achieve the goals of the Declaration. This is less of an
Indigenous right, but important to note.

Article 39 acknowledges the right of Indigenous peoples to access financial and technical
assistance from States in order to make sure that the rights in the Declaration are fully enjoyed.

Article 40 recognizes the right of Indigenous peoples to access quick and fair procedures for the
resolution of conflicts with States or other parties. This also includes quick and fair, effective
remedies for infringements of Indigenous individuals and peoples. The outcome of these
procedures should take into account Indigenous customs, traditions, legal systems, and
international human rights.

Interpretation (43-46)

Articles 43 to 46 do not impose rights or responsibilities on any party. They do, however, set out
important information as to the interpretation of the Declaration that Indigenous peoples should be
aware of.

Article 43 states that the rights set out in the Declaration are only minimum standards for the
survival, dignity, and well-being of Indigenous peoples. These rights are not only set out in the
Declaration, but are enforceable in other human rights instruments. Because of this, there is
nothing in the Declaration that does, or will in the future, reduce or destroy the rights of
Indigenous peoples (Article 45).

Article 44 recognizes that the rights and freedoms in the Declaration apply to both male and
female Indigenous individuals.

Lastly, Article 46 reminds all signatories to the Declaration that nothing in the Declaration gives
permission for any States, organization, person, or peoples to perform any activity that is
opposed to the Charter of the United Nations, or impair or destroy the sovereignty (including
territory) of States. The human rights and freedoms of all are to be respected. Any limits on the
rights in the Declaration should not be discriminatory. The provisions of the Declaration will be
interpreted in good faith, with respect for human rights, equality and justice.
Guiding Questions for Self-Assessment
1. How many articles are in the United Nations Declaration on the Rights of Indigenous Peoples?
a) 47
b) 48
c) 46

2. What are the two fundamental overarching rights found in the first two Articles of the
Declaration?
a) The right to be free from discrimination and the right to free, prior and informed consent
b) The right to be free from discrimination and the right to full enjoyment of human rights
c) The right to full enjoyment of human rights and the right to free, prior and informed consent

3. What articles discuss the implementation of the Declaration?

a) Articles 43-46
b) Articles 33-37
c) Articles 38-40

4. All other rights in the Declaration support the essential right of Indigenous peoples to:
a) Self determination
b) Non-discrimination
c) Self-governance

5. Article 18 describes the rights of Indigenous peoples to participate in decision making in

situations that will affect them, as well as the right of Indigenous peoples to maintain their
decision making methods. This is one of the most violated rights of Indigenous peoples. True or
false?
a) True
b) False

6. True or false? The Declaration sets out the maximum standards for the particular human rights
of Indigenous peoples.
a) True
b) False

7. Which Article in the Declaration acknowledges the rights of Indigenous peoples to lands that
they have traditionally owned or occupied?
a) Article 26
b) Article 19
c) Article 28 Answers: 1(c); 2(b); 3(c);
4(a); 5(a); 6(b); 7(a)
Guiding Questions for Discussion

 When looking at the rights set out in the Declaration, which provisions are most relevant to your
community?
 What opportunities do you see for using them to engage with external actors?
The Declaration, Biological Diversity, and Conservation
There are a number of Articles in the Declaration that acknowledge the relationship between Indigenous
peoples and their environment, including their essential role in conservation and the rights that are
associated with this role. These rights preserve the traditional relationship between Indigenous peoples
and local communities and the lands, territories, and natural resources that they have traditionally
owned, used, and conserved. The relevant rights reflected in the Declaration include provisions
concerning:

 Self determination (Articles 3 to 5)

 Respect for Indigenous culture, customs and ways of life (Articles 7-11 and 13)
 Decision-making, free, prior and informed consent (Articles 18-19)
 The right to Indigenous development (Articles 20, 23, and 32)
 The right to health and conservation of plants, animals and minerals that contribute to good
health (Article 24)
 The right to the legal recognition, protection, and use of their traditionally owned lands,
territories, and natural resources as well as the maintenance of the spiritual relationship
between Indigenous peoples and their lands, territories, and resources. This also includes
transparent process in dealing with recognition of such land and resource rights and remedies
where land and natural resource have been confiscated (Articles 25 to 28).
 The right to the conservation and protection of their lands, as well as the right to obtain benefit
from the resources on their lands. This includes the responsibility of the State not to dispose of
hazardous wastes or participate in military activities on lands traditionally owned or utilized by
Indigenous peoples without their free, prior and informed consent (Articles 29 and 30).
 The right of Indigenous peoples to control, protect, and develop their own cultural heritage,
traditional knowledge, Indigenous technologies and practices (for example, cultivation of
genetic resources such as properties of flora and fauna), and intellectual property (Article 31).
 The right to self-governance (Articles 33 to 37)

What Rights and Responsibilities Do States Have?

Whilst the Declaration is not legally binding on a signatory, it does restate fundamental protections in
international law that are recognized in other legally binding international human rights instruments.
However the use of the word “shall” in the Declaration does not force signatories to fulfil any of the
obligations set out in the Declaration. Obligations on States in Declaration include:

Life and Security

States will make sure that there are effective measures (like compensation) in place to prevent
and provide remedy for (Article 8):
o Its own actions that have deprived Indigenous peoples of their cultural values or
identities, or jeopardized Indigenous groups as distinct;
o Action that has led to the taking away of lands, territories or resources of Indigenous
peoples;
o Transferring Indigenous peoples causing a violation of Indigenous rights;
o Assimilation or forced integration; and
 o Propaganda that promotes or causes racial hatred or ethnic discrimination.

Free, Prior and Informed Consent

States should provide proper compensation to Indigenous peoples if their cultural, spiritual,
intellectual, or religious property is taken away from them or used without their free, prior and
informed consent (Article 11(2)). This particular right is represented in other international
treaties, including the Convention on Biological Diversity (Article 8(j)) and the Nagoya Protocol
on Access and Benefit Sharing (Articles 7 and 12).

Language, Culture and Spiritual Identity

States will make an effort to either give access to or give back Indigenous ceremonial objects
and human remains in their possession. This will be done after fair and proper collaborations
with Indigenous peoples (Article 12(2)).

States shall make sure that there are effective measures to protect the rights of Indigenous
peoples’ to use, develop and teach their future generations their histories. The State also has
the responsibility to make sure that Indigenous peoples understand legal, political, and
administrative procedures that are relevant to them and this includes providing an interpreter if
that is needed (Article 13(2)).

Education, Information and Employment

States shall make sure that there are proper and effective measures in place to provide access
for Indigenous children to an education in their own culture and language (Article 14(3)). This
means that States must respect the rights of Indigenous peoples to transfer their culture,
traditions, and languages to their children.

States shall make sure that there are effective measures in place (in collaboration with
Indigenous peoples) to stop prejudice against Indigenous peoples and promote good
relationships between Indigenous peoples and society (Article 15(2)).

States shall make sure that there are effective measures in place to make sure that Indigenous
cultural diversity is present in the media (Article 16).

States shall make sure that specific measures are in place to protect Indigenous children from
 hazardous work and economic exploitation, in collaboration with Indigenous peoples (Article
17(2)).

Participation, Development and Economic and Social Rights

States should consult and cooperate with Indigenous peoples to obtain their free, prior and
informed consent for any decisions that will affect them (Article 19). This means that decisions
regarding any aspect of Indigenous peoples should not be made without the cooperation and
consent (having been provided full information) of the Indigenous peoples it will affect.

States shall take effective or special measures to improve the economic and social conditions of
Indigenous peoples, particularly for Indigenous women, children, the elderly and disabled
(Article 21(2)).

States shall take measures in collaboration with Indigenous peoples to ensure that Indigenous
women and children have protection against discrimination and violence (Article 22(2)).

States shall take all necessary steps to make sure Indigenous peoples enjoy a high standard of
physical and mental health (Article 24(2)). This means that States must pay particular attention
to the health and wellbeing of Indigenous peoples and seek to improve and maintain good
standards of health.

Rights to Country, Resources and Knowledge

States shall give legal recognition and protection to lands that are traditionally owned or
occupied by Indigenous peoples, with respect to traditional customs, traditions, and land
ownership systems (Article 26(3)). This means that States should be aware of the territories that
its Indigenous people traditionally identify with and respect that relationship accordingly by
recognizing their traditional and legal ownership.

States shall establish, in collaboration with Indigenous peoples, a fair, open and transparent
process that recognizes Indigenous traditions, laws and customs, to make sure there is
recognition of Indigenous rights relating to their lands and resources (Article 27).

States shall take effective measures to make sure that no hazardous materials are stored or
disposed of on the lands of Indigenous peoples without their free, prior and informed consent.
States should also take effective measures to monitor and restore the health of Indigenous
peoples if affected by such materials (Article 29(2) and (3)). So, States must make sure that
Indigenous groups are fully informed and aware of the likely consequences of the storage or
disposal of hazardous materials on Indigenous lands. If this material is stored or disposed of on
Indigenous lands, the State should monitor the health of affected Indigenous peoples and if
health deteriorates, restore their health.

States shall have effective meetings with Indigenous peoples, through proper representatives
and using appropriate procedures, before using lands for military activities (Article 30(2)). This
means that States must make sure that Indigenous peoples fully understand what it means and
the likely consequences of approving military activities on Indigenous lands.
 States shall take effective measures to recognize and protect the rights of Indigenous peoples to
maintain, protect and develop their cultural heritage, traditional knowledge and traditional
cultural expressions (Article 31(2)). This means that States must try to recognize and protect
Indigenous cultural heritage and traditional knowledge. This can be done in a number of ways,
including making sure that the interests of Indigenous peoples are taken into consideration
when negotiating with companies on access and benefit sharing.

States shall meet and discuss in good faith with Indigenous peoples and appropriate
representatives, to obtain their free, prior and informed consent before the approval of any
activities on Indigenous lands that is likely to affect their lands or resources, particularly
regarding the exploitation of mineral, water or other resources. States should also provide
effective mechanisms for remedies and States should lessen the potentially negative
environmental, economic, social, cultural, or spiritual impacts (Articles 32(2) and (3)).

Self-Governance

States should make sure that Indigenous peoples within their borders are able to maintain and
develop contacts with their own peoples and peoples across borders, particularly for spiritual,
cultural, and economic reasons (Article 36(2)).

Implementation

Article 38 states that States must, in cooperation with Indigenous peoples, take appropriate
measures to fulfil the obligations and achieve the goals of the Declaration.

Guiding Questions for Self-Assessment

1. Is the Declaration legally binding on States?
a) Yes
b) No

2. True or false: A signatory does not have to give legal recognition and protection to lands that are
traditionally owned or occupied by Indigenous peoples.

3. True or false: Article 32 states that States shall meet and discuss with Indigenous and their
appropriate representatives to obtain their free, prior and informed consent before approval of
any activities on Indigenous lands likely to affect their lands or resources.
a) True Answers: 1(b); 2(a); 3(a)
b) False

Note: The answer to question 2 is technically (a), though any signatory to the Declaration must act in a
manner that follows the spirit of the Declaration, so cannot, without criticism, contravene the provisions.
What Rights and Responsibilities Do the United Nations Have?
The United Nations and organizations under the auspices of the United Nations such as the Permanent
Forum on Indigenous Issues also have responsibilities in the Declaration. These responsibilities include:

Article 41 sets out the responsibility of the United Nation and other organizations to help to
implement the aims of the Articles in the Declaration by financial cooperation and technical
assistance. The Declaration also states that these organizations will try to find ways to make
sure Indigenous peoples participate in discussions on issues that affect them.

Article 42 states that the UN and its organizations will promote respect for and full application
for the Declaration, as well as monitoring the effectiveness of the Declaration.

WHAT DOES THE DECLARATION MEAN FOR MY

COMMUNITY?
The Declaration gives Indigenous peoples the opportunity to examine and assert their rights as
Indigenous peoples, many of which are set out in this one instrument.

Does the Declaration apply to my country and my community?

Search the list of states that initially signed the Declaration. Note that the four countries who originally
voted against it (Australia, New Zealand, the United States and Canada) have reversed their positions.

The Declaration requires, at Article 38, that signatories take appropriate measures to achieve the rights
set out in the Declaration. Article 38 states:
“States, in consultation and cooperation with Indigenous peoples, shall take the appropriate
measures, including legislative measures, to achieve the ends of this Declaration”.

Ideally, if your country is a signatory, it has started to implement the rights set out in the Declaration
through its policies, laws, or in the way judges have interpreted Indigenous rights in case law. State
signatories are increasingly beginning to respect the principles found within the Declaration. For
example, provisions of the Declaration are found in the Indigenous People’s Rights Act in the Philippines
and it was referred to in Saramaka People v Suriname by the Inter-American Court of Human Rights.
Domestic laws and policies

The Declaration is fairly new and may not have been implemented into the laws of your country. Still,
Indigenous peoples may read into existing domestic laws particular protections for Indigenous peoples if
their State is a signatory. This is because the Declaration sets out, in the preamble, the urgent need for
States to promote the rights set out in the Declaration. The Declaration also notes in Articles 37 and 38
the obligations of States to honour and respect the rights set out in the Declaration and to take
appropriate measures to achieve the goals of the Declaration.

Indigenous peoples may be able to identify rights that they can use in their State’s constitution, bill of
rights or other rights-based document. These rights may be found in legislation that addresses the
following topics, among others:
 Discrimination
 Racial discrimination
 Freedom of information
 Human rights
 Property law
 Environmental law

Conversely, there may be domestic laws that go against the principles set out in the Declaration. You
should be familiar with laws such as those:
 Governing land ownership, including rules that may be old and out-dated
 Regarding intellectual property
 Regarding freedom of information and when a government body can withhold information
 Recognizing Indigenous peoples
 That allow discrimination (for
example, exceptions to non-
discrimination laws such as laws that
allow discrimination for the purposes
of national security or in special
circumstances)

Regional Instruments

It may be worthwhile investigating regional

laws and instruments that also set out the
rights of Indigenous peoples. For example, the
African Charter on Human and Peoples’ Rights
contains several provisions that can further
supplement the rights set out in the Declaration. A guide produced by the Forest Peoples Programme
may assist you navigating the African Human Rights System.

The Permanent Council of the Organisation of American States is currently drafting an “American
Declaration on the Rights of Indigenous Peoples”. It is currently in draft form and further information is
located here. There is also a Charter of the Organisation of American States that sets out relevant
human rights obligations.
If a State is not upholding its obligations under the Declaration

If you are an Indigenous individual or represent Indigenous peoples, there are avenues to report a
violation of your rights under the Declaration, including the following:

The Special Rapporteur on the Rights of Indigenous Peoples

One of the important tasks of the Special Rapporteur is to interact and exchange information with
Indigenous peoples and their representatives. This includes receiving information from relevant actors
on alleged violations of human rights. The Special Rapporteur can intervene in a human rights violation
that has already taken place, is ongoing, or has a high risk of occurring. The intervention will either be an
urgent appeal or an allegation letter, depending on the nature of the alleged violation. The Special
Rapporteur will then send a confidential communication to the government of the State concerned,
requesting information, noting the allegation and suggesting particular action to be taken (either
preventative or actions to investigate the matter). The full process is set out here.

There are no formal requirements for setting out the alleged violation suffered (or that is likely to be
suffered) by an Indigenous individual or peoples. Anybody (or group) can send the complaint. The
description should be precise and brief (1-2 pages) and it may have annexes or additional documents
and evidence attached. Recommended information to include is:
 Details of when, where, date, time, precise location of the incident
 Name of victim or community, including location
 Detailed background of the violation in order of what happened first to what is happening now
 Details of the person, State, or company that is responsible for the violation
 Action that has been taken by any authorities (if any)
 Action that has before any other international bodies
 Source of the information provided

The above information (with more detail), including the address to send the information to, is directly
available on Office of the High Commissioner for Human Rights website.

The Human Rights Council

The Human Rights Council has a complaints procedure through which violations of human rights and
fundamental freedoms can be addressed in a confidential manner. These complaints or
“communications” are screened for admissibility and, if not rejected, are forwarded to the relevant
State whom the complaint concerns, in order to obtain their views on the complaint. Two Working
Groups (the Working Group on Communications and the Working Group on Situations) assist in bringing
to the attention of the Council “consistent patterns of gross and reliably attested violations of human
rights and fundamental freedoms.”9 The Council then makes a decision on each situation that is brought
before it.

There are a number of criteria that need to be followed to make sure that a complaint is admissible.
These are listed on the relevant website (including the address to send complaints to). This particular
method of complaint appears likely to take a long time with no real assurance of an effective outcome.

9
See the UN Human Rights Council website at [Link]
Other Human Rights Bodies

Individual complaints can be made to various human rights treaty bodies (where the complaint is
relevant to the particular human rights body). These include:
 The Human Rights Commission for violations of the Convention on Civil and Political Rights
 The Committee on the Elimination of Racial Discrimination
 The Committee Against Torture, which monitors the prevention of torture and other forms of
cruel, inhuman or degrading treatment or punishment
 The Committee on the Elimination of Discrimination Against Women

The Australian Human Rights Commission has recently produced a guide entitled “A Guide to Using the
Optional Protocol to CEDAW and other international complaint mechanisms” that may be useful.
There is also a helpful link setting out the procedure for lodging a complaint by individuals under human
rights treaties.

Guiding Questions for Discussion

 Is your country a signatory to the Declaration? If so, are there local non-government
organizations or community-based organizations that advocate for Indigenous rights?
 Search through recent case law in your country or region using “Indigenous”, “rights” and
“Declaration on the rights of Indigenous peoples” as search terms. Did you find any cases that
may be helpful?
 How can the Declaration be utilized by your community to assert your rights?
 Who can you appeal to if your rights in the Declaration have been breached?

TAKING ACTION
Discussing Our Community’s Views, Priorities, and Strategies
Despite the Declaration being non-binding, some of its provisions are regarded as binding international
customary law that ought to be followed by all States, whether signatory to the Declaration or not. It is
up to Indigenous individuals and groups to educate themselves on the provisions within the Declaration
that are relevant to them, including the corresponding functions and work of agencies of the United
Nations. It is individuals and communities who will ultimately have to advocate for their international
rights to be upheld locally.

If you feel that any of the rights set out in the Declaration above have been violated, you may wish to
discuss with your community what your collective view is, what your community’s priorities are, and
strategies you may wish to implement to voice your concerns and advocate for your rights. Some
avenues for advocacy have been listed above for your assistance. In preparation for a potential situation
that you may have to address in the future, consider how your community would or should respond to
the following scenarios:

 If you were approached by a company that says they have a licence to extract minerals on your
traditionally held lands
 If you were told by the government that you were trespassing on government property, even if
you and your ancestors have lived on and utilized the lands for many generations
 You found out that the drinking water you relied on was being contaminated by a company
upstream
 If your community were approached by a PhD student from Europe who wanted to conduct
academic research on your customary uses of biodiversity or your traditional medicinal
knowledge
 If you were approached by an organization that wanted to discuss developments on your land

It would be helpful if you could navigate your way around the Declaration and pick out the provisions
relevant in each of the situations above. You should also try to familiarize yourself with local and
national laws and your community’s customary laws, particularly with respect to engaging with
outsiders. You could also take into consideration the information provided in this e-module, including
the minimum guidelines and principles that outsiders to your community should adhere to.

Communicating Your Views to Others

There are a number of organizations and resources (listed below in the Additional Resources section as
well as throughout this e-module) that will assist you in interactions with outsiders to your community.
If any company or official approaches your community (for example, to seek information about your
resources or with respect to a development project), you have the right to ask for information and to
withhold consent. Ask any organizations for their procedures or guidelines for conducting research,
impact assessments, feasibility studies, or any other forms of engagement with communities. These
procedures or guidelines should not be contrary to the community’s customary laws or community
protocols or procedures.

Ideas for Advocacy and Action

 Follow the work of the Special Rapporteur on the Rights of Indigenous Peoples, the Expert
Mechanism on the Rights of Indigenous Peoples, and the Permanent Forum on Indigenous
Issues. Contribute to submissions or participate in their work, forums, or conferences.
 Liaise with other Indigenous organizations in your country and region.
 Meet with relevant government representatives to discuss your rights at the local, national, and
international level.
 Educate others in your community about the rights that Indigenous peoples are entitled to at
the international level.
SUMMARY
This e-learning module provided an introduction to the Declaration on the Rights of Indigenous Peoples,
including an explanation as to how it was created, who is considered “Indigenous” in international law,
identification of the particular rights and responsibilities of all parties to the Declaration, and an
explanation as to how the rights set out in the Declaration accord with international human rights
instruments in general.

The e-module identified some opportunities and challenges in this international framework and set out
options for individuals and communities to pursue if their rights have been violated. It also set out a
number of questions to gauge understanding of the material in addition to discussion questions for
community reflection.

The Declaration was created as a result of the hard work of Indigenous groups, non-government,
community-based, and civil society organizations, and governments alike. Whilst it is not legally binding,
its provisions are drawn from legal instruments that are. The Declaration provides many supportive
provisions for Indigenous people in the context of self-determination, land rights, non-discrimination,
and resource rights. It is an essential legal instrument that Indigenous groups should understand and
actively use in the context of seeking recognition and respect for their rights and responsibilities.

ADDITIONAL RESOURCES
Other Relevant E-modules
There are a number of other international frameworks that relate to the rights of Indigenous peoples. If
you are interested in learning more, please visit [Link] for the following
additional e-modules (some forthcoming):
 Other International Human Rights Instruments, including ILO 169
 Traditional Knowledge and Customary Sustainable Use
 Impact Assessments
 Farmers’ Rights
 Livestock Keepers’ Rights
 Cultural Heritage

Bibliography & Further Reading

United Nations Declaration on the Rights of Indigenous Peoples
Audiovisual Library of International Law
Provides an excellent background of the history of Indigenous rights in international human rights
instruments and the creation of the Declaration

Video: Indigenous Peoples and the United Nations

United Nations Permanent Forum on Indigenous Issues

Institutional Policies and Guides on Indigenous Peoples

FAO Policy on Indigenous and Tribal Peoples

Food and Agriculture Organization of the UN

Guidelines on Indigenous Peoples’ Issues

United Nations Development Group

Operational Policy and Bank Procedure on Indigenous Peoples (OP/BP 4.10)

World Bank

Performance Standard 7: Indigenous Peoples

International Finance Corporation

Safeguard Policy Statement

Asian Development Bank

Engagement with Indigenous Peoples – Policy

International Fund for Agricultural Development

Resource Materials

UNDRIP Manual
Asia Indigenous Peoples Pact
Developed as an educational toolkit for community training and seminars to raise awareness and
generate advocacy, the manual contains an overview of the provisions in the Declaration and modules
on the thematic areas.

Resource Kit on Indigenous Peoples’ Rights

Secretariat of the United Nations Permanent Forum on Indigenous Issues
This resource kit sets out how to identify Indigenous peoples, key elements regarding Indigenous peoples
and development, including free, prior and informed consent and making the United Nations Millennium
Development Goals relevant. This resource is useful as it refers to specific human rights provisions in
relevant instruments.

A Community Guide to the UN Declaration on the Rights of Indigenous Peoples

Australian Human Rights Commission

United Nations System Flowchart: Focusing on key human rights bodies where Indigenous Peoples can
participate
International Indian Treaty Council
The United Nations Declaration on the Rights of Indigenous Peoples: What It Says and What It Means for
First Nations in Canada
Assembly of First Nations

Acknowledgements
This e-learning module was developed for the Regional Initiatives on Biocultural Community Protocols
by Natural Justice: Lawyers for Communities and the Environment. We are grateful for the financial
support of the CD Trust and Shuttleworth Foundation and to Paul Joffe and Jennifer Preston for their
technical inputs. All images and illustrations are courtesy of Natural Justice unless otherwise stated.

Contact & Request for Feedback

This e-learning module is part of a toolkit for community facilitators on biocultural community protocols.
The complete toolkit, including additional e-learning modules, is available at: [Link]-
[Link].

We welcome any and all feedback on the content and use of the e-learning modules and toolkit. If you
have suggestions for improvement, would like more information, or would like to request a hard copy of
the toolkit, please contact Holly Shrumm (holly@[Link]).

Natural Justice: Lawyers for Communities and the Environment

63 Hout Street, Mercantile Building
Cape Town, South Africa
8000

Websites: [Link], [Link]

Blog: [Link]
Facebook: [Link]/naturaljustice