Declaration on the Rights of Indigenous Peoples
Encyclopedia
The United Nations
Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly
during its 62nd session at UN Headquarters in New York City
on 13 September 2007.
While as a General Assembly Declaration it is not a legally binding instrument under international law
, according to a UN press release, it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination
and marginalisation."
(ECOSOC) set up its Working Group on Indigenous Populations
(WGIP), established as a result of a study by Special Rapporteur
José R. Martínez Cobo on the problem of discrimination faced by indigenous peoples. Tasked with developing human rights standards that would protect indigenous peoples, in 1985 the Working Group began working on drafting the Declaration on the Rights of Indigenous Peoples. The draft was finished in 1993 and was submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which gave its approval the following year. During this the International Labour Organisation adopted the Indigenous and Tribal Peoples Convention, 1989
.
The Draft Declaration was then referred to the Commission on Human Rights, which established another Working Group to examine its terms. Over the following years this Working Group met on 11 occasions to examine and fine-tune the Draft Declaration and its provisions. Progress was slow because of certain states' concerns regarding some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands.
The final version of the Declaration was adopted on 29 June 2006 by the 47-member Human Rights Council (the successor body to the Commission on Human Rights), with 30 member states in favour, two against, 12 abstentions, and three absentees.
The Declaration was then referred to the General Assembly, which voted on the adoption of the proposal on 13 September 2007 during its 61st regular session. The vote was 143 countries in favour, four against, and 11 abstaining. The four member states that voted against were Australia
, Canada
, New Zealand
and the United States
, all of which have their origins as colonies
of the United Kingdom
and have large non-indigenous immigrant majorities and small remnant indigenous populations. Since then, all four countries have moved to endorse the declaration. The abstaining countries were Azerbaijan
, Bangladesh
, Bhutan
, Burundi
, Colombia
, Georgia
, Kenya
, Nigeria
, Russian Federation
, Samoa
and Ukraine
; another 34 member states were absent from the vote. Colombia and Samoa have since endorsed the document.
described it as a "historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all." Louise Arbour
, a former justice of the Supreme Court of Canada
then serving as the UN's High Commissioner for Human Rights, expressed satisfaction at the hard work and perseverance that had finally "borne fruit in the most comprehensive statement to date of indigenous peoples' rights." Similarly, news of the Declaration's adoption was greeted with jubilation in Africa and, present at the General Assembly session in New York, Bolivia
n foreign minister
David Choquehuanca
said that he hoped the member states that had voted against or abstained would reconsider their refusal to support a document he described as being as important as the Universal Declaration of Human Rights
. Bolivia has become the first country to approve the U.N. declaration of indigenous rights. Evo Morales
, President of Bolivia
, stated, "We are the first country to turn this declaration into a law and that is important, brothers and sisters. We recognize and salute the work of our representatives. But if we were to remember the indigenous fight clearly, many of us who are sensitive would end up crying in remembering the discrimination, the scorn."
Stephen Corry
, Director of the international indigenous rights organization Survival International
, said, "The declaration has been debated for nearly a quarter century. Years which have seen many tribal peoples, such as the Akuntsu and Kanoê in Brazil, decimated and others, such as the Innu in Canada, brought to the edge. Governments that oppose it are shamefully fighting against the human rights of their most vulnerable peoples. Claims they make to support human rights in other areas will be seen as hypocritical."
, access to lands, territories and resources and the lack of a clear definition of the term indigenous. In addition to those intending to vote against the adoption of the declaration, a group of African countries represented by Namibia
who proposed to defer action, to hold further consultations, and to conclude consideration of the declaration by September 2007. Ultimately, after agreeing on some adjustments to the Draft Declaration, a vast majority of states recognized that these issues could be addressed by each country at the national level.
The four states that voted against continued to express serious reservations about the final text of the Declaration as placed before the General Assembly. As mentioned above, all four opposing countries have since then changed their vote in favour of the Declaration.
's Mal Brough
, Minister for Families, Community Services and Indigenous Affairs
, referring to the provision regarding the upholding of indigenous peoples' customary legal systems, said that, "There should only be one law for all Australians and we should not enshrine in law practices that are not acceptable in the modern world."
Marise Payne
, Liberal Party
Senator
for New South Wales
, further elaborated on the Australian government's objections to the Declaration in a speech to the Senate as:
In October 2007, former Australian Prime Minister John Howard
pledged to hold a referendum on changing the constitution to recognise indigenous Australians if re-elected. He said that the distinctiveness of people's identity and their rights to preserve their heritage should be acknowledged. On 3 April 2009, the Rudd government formally endorsed the Declaration.
," which includes both the Charter of Rights and Freedoms
and Section 35
, which enshrines aboriginal and treaty rights. In particular, the Canadian government had problems with Article 19 (which appears to require governments to secure the consent of indigenous peoples regarding matters of general public policy), and Articles 26 and 28 (which could allow for the re-opening or repudiation of historically settled land claims).
Minister of Indian Affairs and Northern Development Chuck Strahl
described the document as "unworkable in a Western democracy under a constitutional government." Strahl elaborated, saying "In Canada, you are balancing individual rights vs. collective rights, and (this) document ... has none of that. By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution." He gave an example: "In Canada ... you negotiate on this ... because (native rights) don't trump all other rights in the country. You need also to consider the people who have sometimes also lived on those lands for two or three hundred years, and have hunted and fished alongside the First Nations."
The Assembly of First Nations
passed a resolution in December 2007 to invite Presidents Hugo Chávez
and Evo Morales
to Canada to put pressure on the government to sign the Declaration on the Rights of Indigenous Peoples, calling the two heads of state "visionary leaders" and demanding Canada resign its membership on the United Nations Human Rights Council.
On 3 March 2010, in the Speech From the Throne
, the Governor General of Canada
announced that the government was moving to endorse the declaration. "We are a country with an Aboriginal heritage. A growing number of states have given qualified recognition to the United Nations Declaration on the Rights of Indigenous Peoples. Our Government will take steps to endorse this aspirational document in a manner fully consistent with Canada’s Constitution and laws."
On 12 November 2010, Canada officially endorsed the declaration.
's Minister of Māori Affairs
Parekura Horomia
described the Declaration as "toothless", and said, "There are four provisions we have problems with, which make the declaration fundamentally incompatible with New Zealand's constitutional and legal arrangements." Article 26 in particular, he said, "appears to require recognition of rights to lands now lawfully owned by other citizens, both indigenous and non-indigenous. This ignores contemporary reality and would be impossible to implement."
In response, Māori Party
leader Pita Sharples
said it was "shameful to the extreme that New Zealand voted against the outlawing of discrimination against indigenous people; voted against justice, dignity and fundamental freedoms for all."
On 7 July 2009 the New Zealand government announced that it would support the Declaration; this, however, appeared to be a premature announcement by Pita Sharples, the current Minister of Māori Affairs, as the New Zealand government cautiously backtracked on Sharples' July announcement. However in April 2010 Pita Sharples
announced New Zealand's support of the declaration at a speech in New York.
On 19 April 2010, Sharples announced that New Zealand endorsed the UN declaration.
mission to the UN, spokesman Benjamin Chang said, "What was done today is not clear. The way it stands now is subject to multiple interpretations and doesn't establish a clear universal principle." The U.S. mission also issued a floor document, "Observations of the United States with respect to the Declaration on the Rights of Indigenous Peoples", setting out its objections to the Declaration. Most of these are based on the same points as the three other countries' rejections but, in addition, the United States drew attention to the Declaration's failure to provide a clear definition of exactly whom the term "indigenous peoples" is intended to cover.
On 16 December 2010, President Obama
declared that the United States is going to sign the declaration. The decision was announced during the second White House Tribal Conference, where he said he is "working hard to live up to" the name that was given to him by the Crow Nation: "One Who Helps People Throughout the Land." Obama has told Native American leaders that he wants to improve the "nation-to-nation" relationship between the United States and the tribes and repair broken promises. Today, there are more than 560 Indian tribes in the United States. Many had representatives at the White House conference and applauded Obama's announcement.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
during its 62nd session at UN Headquarters in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
on 13 September 2007.
While as a General Assembly Declaration it is not a legally binding instrument under international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, according to a UN press release, it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
and marginalisation."
Purpose
The Declaration sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues. It also "emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations". It "prohibits discrimination against indigenous peoples", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".Negotiation and adoption
The Declaration was over 25 years in the making. The idea originated in 1982 when the UN Economic and Social CouncilUnited Nations Economic and Social Council
The Economic and Social Council of the United Nations constitutes one of the six principal organs of the United Nations and it is responsible for the coordination of the economic, social and related work of 14 UN specialized agencies, its functional commissions and five regional commissions...
(ECOSOC) set up its Working Group on Indigenous Populations
Working Group on Indigenous Populations
The Working Group on Indigenous Populations was a subsidiary body within the structure of the United Nations. It was established in 1982, and was one of the six working groups overseen by the Sub-Commission on the Promotion and Protection of Human Rights, the main subsidiary body of the United...
(WGIP), established as a result of a study by Special Rapporteur
Special Rapporteur
Special Rapporteur is a title given to individuals working on behalf of the United Nations within the scope of "Special Procedures" mechanisms who bear a specific mandate from the United Nations Human Rights Council....
José R. Martínez Cobo on the problem of discrimination faced by indigenous peoples. Tasked with developing human rights standards that would protect indigenous peoples, in 1985 the Working Group began working on drafting the Declaration on the Rights of Indigenous Peoples. The draft was finished in 1993 and was submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which gave its approval the following year. During this the International Labour Organisation adopted the Indigenous and Tribal Peoples Convention, 1989
Indigenous and Tribal Peoples Convention, 1989
Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.It...
.
The Draft Declaration was then referred to the Commission on Human Rights, which established another Working Group to examine its terms. Over the following years this Working Group met on 11 occasions to examine and fine-tune the Draft Declaration and its provisions. Progress was slow because of certain states' concerns regarding some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands.
The final version of the Declaration was adopted on 29 June 2006 by the 47-member Human Rights Council (the successor body to the Commission on Human Rights), with 30 member states in favour, two against, 12 abstentions, and three absentees.
The Declaration was then referred to the General Assembly, which voted on the adoption of the proposal on 13 September 2007 during its 61st regular session. The vote was 143 countries in favour, four against, and 11 abstaining. The four member states that voted against were Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, all of which have their origins as colonies
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and have large non-indigenous immigrant majorities and small remnant indigenous populations. Since then, all four countries have moved to endorse the declaration. The abstaining countries were Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
, Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
, Bhutan
Bhutan
Bhutan , officially the Kingdom of Bhutan, is a landlocked state in South Asia, located at the eastern end of the Himalayas and bordered to the south, east and west by the Republic of India and to the north by the People's Republic of China...
, Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, Georgia
Georgia (country)
Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, Russian Federation
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, Samoa
Samoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
and Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
; another 34 member states were absent from the vote. Colombia and Samoa have since endorsed the document.
Support
In contrast to the Declaration's rejection by Australia, Canada, New Zealand and the United States, United Nations officials and other world leaders expressed pleasure at its adoption. Secretary-General Ban Ki-moonBan Ki-moon
Ban Ki-moon is the eighth and current Secretary-General of the United Nations, after succeeding Kofi Annan in 2007. Before going on to be Secretary-General, Ban was a career diplomat in South Korea's Ministry of Foreign Affairs and in the United Nations. He entered diplomatic service the year he...
described it as a "historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all." Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
, a former justice of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
then serving as the UN's High Commissioner for Human Rights, expressed satisfaction at the hard work and perseverance that had finally "borne fruit in the most comprehensive statement to date of indigenous peoples' rights." Similarly, news of the Declaration's adoption was greeted with jubilation in Africa and, present at the General Assembly session in New York, Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
n foreign minister
Foreign minister
A Minister of Foreign Affairs, or foreign minister, is a cabinet minister who helps form the foreign policy of a sovereign state. The foreign minister is often regarded as the most senior ministerial position below that of the head of government . It is often granted to the deputy prime minister in...
David Choquehuanca
David Choquehuanca
David Choquehuanca Céspedes is a Bolivian politician. He has served as the Foreign Minister of Bolivia since 23 January 2006.Choquehuanca, who is an Aymara Indian, is an Aymara activist...
said that he hoped the member states that had voted against or abstained would reconsider their refusal to support a document he described as being as important as the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
. Bolivia has become the first country to approve the U.N. declaration of indigenous rights. Evo Morales
Evo Morales
Juan Evo Morales Ayma , popularly known as Evo , is a Bolivian politician and activist, currently serving as the 80th President of Bolivia, a position that he has held since 2006. He is also the leader of both the Movement for Socialism party and the cocalero trade union...
, President of Bolivia
President of Bolivia
The President of Bolivia is head of state and head of government of Bolivia. According to the current Constitution, the president is elected by popular vote to a five year term, renewable once...
, stated, "We are the first country to turn this declaration into a law and that is important, brothers and sisters. We recognize and salute the work of our representatives. But if we were to remember the indigenous fight clearly, many of us who are sensitive would end up crying in remembering the discrimination, the scorn."
Stephen Corry
Stephen Corry
Stephen Corry is a British anthropologist and indigenous rights activist, better known as the Director of the non-governmental organisation Survival International. He has also been the chairman of the Free Tibet Campaign since 1993.- Biography :...
, Director of the international indigenous rights organization Survival International
Survival International
Survival International is a human rights organisation formed in 1969 that campaigns for the rights of indigenous tribal peoples and uncontacted peoples, seeking to help them to determine their own future. Their campaigns generally focus on tribal peoples' fight to keep their ancestral lands,...
, said, "The declaration has been debated for nearly a quarter century. Years which have seen many tribal peoples, such as the Akuntsu and Kanoê in Brazil, decimated and others, such as the Innu in Canada, brought to the edge. Governments that oppose it are shamefully fighting against the human rights of their most vulnerable peoples. Claims they make to support human rights in other areas will be seen as hypocritical."
Criticism
Prior to the adoption of the Declaration, and throughout the 62nd session of the General Assembly, a number of countries expressed concern about some key issues, such as self-determinationSelf-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
, access to lands, territories and resources and the lack of a clear definition of the term indigenous. In addition to those intending to vote against the adoption of the declaration, a group of African countries represented by Namibia
Namibia
Namibia, officially the Republic of Namibia , is a country in southern Africa whose western border is the Atlantic Ocean. It shares land borders with Angola and Zambia to the north, Botswana to the east and South Africa to the south and east. It gained independence from South Africa on 21 March...
who proposed to defer action, to hold further consultations, and to conclude consideration of the declaration by September 2007. Ultimately, after agreeing on some adjustments to the Draft Declaration, a vast majority of states recognized that these issues could be addressed by each country at the national level.
The four states that voted against continued to express serious reservations about the final text of the Declaration as placed before the General Assembly. As mentioned above, all four opposing countries have since then changed their vote in favour of the Declaration.
Australia
Australia's government opposed the Declaration in the General Assembly vote of 2007, but has since endorsed the declaration. AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
's Mal Brough
Mal Brough
Malcolm Thomas "Mal" Brough is a former Australian politician and Liberal member of the Australian House of Representatives from March 1996 to November 2007, representing the Division of Longman, Queensland...
, Minister for Families, Community Services and Indigenous Affairs
Department of Families, Community Services and Indigenous Affairs (Australia)
The Department of Families, Housing, Community Services and Indigenous Affairs is an Australian Government department. Its main office is located in Southern Canberra in the suburb of Greenway. Its role is to develop social policies and support affected Australian society and the living standards...
, referring to the provision regarding the upholding of indigenous peoples' customary legal systems, said that, "There should only be one law for all Australians and we should not enshrine in law practices that are not acceptable in the modern world."
Marise Payne
Marise Payne
Marise Ann Payne is an Australian politician. She is a Liberal Senator for the state of New South Wales. Senator Payne was appointed to the Senate on 9 April 1997, and elected in 2001 for a full term, and again in 2007.-Early life:...
, Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
Senator
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
for New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, further elaborated on the Australian government's objections to the Declaration in a speech to the Senate as:
- Concerns about references to self-determination and their potential to be misconstrued.
- Ignorance of contemporary realities concerning land and resources. "They seem, to many readers, to require the recognition of Indigenous rights to lands which are now lawfully owned by other citizens, both Indigenous and non-Indigenous, and therefore to have some quite significant potential to impact on the rights of third parties."
- Concerns over the extension of Indigenous intellectual propertyIntellectual propertyIntellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
rights under the declaration as unnecessary under current international and Australian law. - The potential abuse of the right under the Declaration for indigenous peoples to unqualified consent on matters affecting them, "which implies to some readers that they may then be able to exercise a right of veto over all matters of state, which would include national laws and other administrative measures."
- The exclusivity of indigenous rights over intellectual, real and cultural property, that "does not acknowledge the rights of third parties – in particular, their rights to access Indigenous land and heritage and cultural objects where appropriate under national law." Furthermore, that the Declaration "fails to consider the different types of ownership and use that can be accorded to Indigenous people and the rights of third parties to property in that regard."
- Concerns that the Declaration places indigenous customary law in a superior position to national law, and that this may "permit the exercise of practices which would not be acceptable across the board", such as customary corporal and capital punishments.
In October 2007, former Australian Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
pledged to hold a referendum on changing the constitution to recognise indigenous Australians if re-elected. He said that the distinctiveness of people's identity and their rights to preserve their heritage should be acknowledged. On 3 April 2009, the Rudd government formally endorsed the Declaration.
Canada
The Canadian government said that while it supported the spirit of the declaration, it contained elements that were "fundamentally incompatible with Canada's constitutional frameworkConstitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
," which includes both the Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and Section 35
Section Thirty-five of the Constitution Act, 1982
Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...
, which enshrines aboriginal and treaty rights. In particular, the Canadian government had problems with Article 19 (which appears to require governments to secure the consent of indigenous peoples regarding matters of general public policy), and Articles 26 and 28 (which could allow for the re-opening or repudiation of historically settled land claims).
Minister of Indian Affairs and Northern Development Chuck Strahl
Chuck Strahl
Charles Strahl, PC, MP was a politician in British Columbia, Canada. He was a Member of Parliament in the governing Conservative Party of Canada.-Before politics:...
described the document as "unworkable in a Western democracy under a constitutional government." Strahl elaborated, saying "In Canada, you are balancing individual rights vs. collective rights, and (this) document ... has none of that. By signing on, you default to this document by saying that the only rights in play here are the rights of the First Nations. And, of course, in Canada, that's inconsistent with our constitution." He gave an example: "In Canada ... you negotiate on this ... because (native rights) don't trump all other rights in the country. You need also to consider the people who have sometimes also lived on those lands for two or three hundred years, and have hunted and fished alongside the First Nations."
The Assembly of First Nations
Assembly of First Nations
The Assembly of First Nations , formerly known as the National Indian Brotherhood, is a body of First Nations leaders in Canada...
passed a resolution in December 2007 to invite Presidents Hugo Chávez
Hugo Chávez
Hugo Rafael Chávez Frías is the 56th and current President of Venezuela, having held that position since 1999. He was formerly the leader of the Fifth Republic Movement political party from its foundation in 1997 until 2007, when he became the leader of the United Socialist Party of Venezuela...
and Evo Morales
Evo Morales
Juan Evo Morales Ayma , popularly known as Evo , is a Bolivian politician and activist, currently serving as the 80th President of Bolivia, a position that he has held since 2006. He is also the leader of both the Movement for Socialism party and the cocalero trade union...
to Canada to put pressure on the government to sign the Declaration on the Rights of Indigenous Peoples, calling the two heads of state "visionary leaders" and demanding Canada resign its membership on the United Nations Human Rights Council.
On 3 March 2010, in the Speech From the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
, the Governor General of Canada
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
announced that the government was moving to endorse the declaration. "We are a country with an Aboriginal heritage. A growing number of states have given qualified recognition to the United Nations Declaration on the Rights of Indigenous Peoples. Our Government will take steps to endorse this aspirational document in a manner fully consistent with Canada’s Constitution and laws."
On 12 November 2010, Canada officially endorsed the declaration.
New Zealand
In 2007 New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
's Minister of Māori Affairs
Minister of Maori Affairs
The Minister of Māori Affairs is the minister of the New Zealand government with broad responsibility for government policy towards Māori, the first inhabitants of New Zealand. The current Minister of Māori Affairs is Dr. Pita Sharples.-Role:...
Parekura Horomia
Parekura Horomia
Parekura Tureia Horomia is a New Zealand Labour Party past Minister of Māori Affairs-Early life:Horomia was born in Tolaga Bay of Ngati Porou, Te Aitanga Hauiti, Ngati Kahungunu and Ngai Tahu descent....
described the Declaration as "toothless", and said, "There are four provisions we have problems with, which make the declaration fundamentally incompatible with New Zealand's constitutional and legal arrangements." Article 26 in particular, he said, "appears to require recognition of rights to lands now lawfully owned by other citizens, both indigenous and non-indigenous. This ignores contemporary reality and would be impossible to implement."
In response, Māori Party
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
leader Pita Sharples
Pita Sharples
Pita Russell Sharples, CBE, , a Māori academic and politician, currently co-leads the Māori Party. He currently is the member for Tamaki Makaurau in New Zealand's Parliament.-Early life:...
said it was "shameful to the extreme that New Zealand voted against the outlawing of discrimination against indigenous people; voted against justice, dignity and fundamental freedoms for all."
On 7 July 2009 the New Zealand government announced that it would support the Declaration; this, however, appeared to be a premature announcement by Pita Sharples, the current Minister of Māori Affairs, as the New Zealand government cautiously backtracked on Sharples' July announcement. However in April 2010 Pita Sharples
Pita Sharples
Pita Russell Sharples, CBE, , a Māori academic and politician, currently co-leads the Māori Party. He currently is the member for Tamaki Makaurau in New Zealand's Parliament.-Early life:...
announced New Zealand's support of the declaration at a speech in New York.
On 19 April 2010, Sharples announced that New Zealand endorsed the UN declaration.
United States
Speaking for the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
mission to the UN, spokesman Benjamin Chang said, "What was done today is not clear. The way it stands now is subject to multiple interpretations and doesn't establish a clear universal principle." The U.S. mission also issued a floor document, "Observations of the United States with respect to the Declaration on the Rights of Indigenous Peoples", setting out its objections to the Declaration. Most of these are based on the same points as the three other countries' rejections but, in addition, the United States drew attention to the Declaration's failure to provide a clear definition of exactly whom the term "indigenous peoples" is intended to cover.
On 16 December 2010, President Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
declared that the United States is going to sign the declaration. The decision was announced during the second White House Tribal Conference, where he said he is "working hard to live up to" the name that was given to him by the Crow Nation: "One Who Helps People Throughout the Land." Obama has told Native American leaders that he wants to improve the "nation-to-nation" relationship between the United States and the tribes and repair broken promises. Today, there are more than 560 Indian tribes in the United States. Many had representatives at the White House conference and applauded Obama's announcement.
United Kingdom
Speaking on behalf of the United Kingdom government, UK Ambassador and Deputy Permanent Representative to the United Nations, Karen Pierce, "emphasized that the Declaration was non-legally binding and did not propose to have any retroactive application on historical episodes. National minority groups and other ethnic groups within the territory of the United Kingdom and its overseas territories did not fall within the scope of the indigenous peoples to which the Declaration applied."External links
- United Nations Declaration on the Rights of Indigenous Peoples as Adopted by the General Assembly, 13 September 2007 Full text of the Declaration.
- Adoption of the U.N. Draft Declaration on the Rights of Indigenous Peoples at the Human Rights Council in Geneva Video news reel by Rebecca Sommer
- Adoption of the U.N. Declaration on the Rights of Indigenous Peoples at the General Assembly in NYC Video news reel by Rebecca Sommer
- United Nations Declaration on the Rights of Indigenous Peoples Adopted by the Human Rights Council on 29 June 2006 Briefing from the United Nations Permanent Forum on Indigenous Issues (UNPFII) on the adoption of the Declaration.
- FAQs on the Declaration on the Rights of Indigenous Peoples From UNPFII.
- Position of Canada Statement by Ambassador John McNee to the General Assembly.
- Position of New Zealand Explanation of vote by Permanent Representative Rosemary Banks.
- Position of the United States Explanation of vote by Advisor Robert Hagen and document "Observations of the United States with respect to the Declaration on the Rights of Indigenous Peoples".
- Annotate This: The UN Declaration of Rights of Indigenous Peoples Foreign Policy in Focus, 5 October 2007.
- Text of the Declaration at the Center for a World in Balance.