UN Declaration of Rights Human

Introduction

THE UN General Assembly's adoption of the UN Declaration on the Rights of Indigenous Peoples on 13 September 2007 marked the end of a long journey, a milestone in the long and arduous march of what have come to be known as 'indigenous peoples' through the major institution of organised intergovernmental society: the United Nations. It was a day of celebration for indigenous leaders and their rank and file scattered around the globe, united in a common fate of conquest, dispossession, marginalisation and neglect, but also in the joy of rising again.

When the United Nations Working Group on Indigenous Populations was established in 1982, one of its key missions was the establishment of a declaration of rights of indigenous peoples. Indigenous peoples from around the world trekked to the Palais des Nations in Geneva each summer afterwards to articulate their claims to the members of the Working Group and state delegations. In 1993, under the inspirational leadership of long-time Chairperson Mrs Erica-Irene Daes, agreement was reached by the Working Group on a 'Draft Declaration on the Rights of Indigenous Peoples'. This draft became the basis for discussion within the UN Commission on Human Rights, which was replaced in 2006 by the Human Rights Council. In its first substantive decision, the Council on 29 June 2006, by a vote of 30 in favour, two against and 12 abstentions, adopted a revised text of the Declaration, and passed it on to the General Assembly for its final approval.

Discussion

Beyond recognition of the right to self-determination, the Council's text formulated an array of tailor-made collective rights, such as the right to maintain and develop their distinct political, economic, social and cultural identities and characteristics as well as their legal systems and to participate fully, 'if they so choose', in the political, economic, social and cultural life of the state. They were guaranteed the right not to be subjected to genocide or ethnocide, i.e., action aimed at or affecting their integrity as distinct peoples, their cultural values and identities, including the dispossession of land, forced relocation, assimilation or integration, the imposition of foreign lifestyles and propaganda. The stated rights guaranteed to indigenous peoples as groups, not only as individual persons, include the right to observe, teach and practise tribal spiritual and religious traditions; the right to maintain and protect manifestations of their cultures, archaeological-historical sites and artifacts; the right to restitution of spiritual property taken without their free and informed consent, including the right to repatriate Indian human remains; and the right to protection of sacred places and burial sites. Further listed are the rights to maintain and use tribal languages, to transmit their oral histories and traditions, to education in their language and to control over their own educational systems. They are afforded the right to maintain and develop their political, economic and social systems, and to determine and develop priorities and strategies for exercising their right to development.

Their treaties with states should be recognised, observed and ...