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THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES AT THE 2006 GENERAL ASSEMBLY SESSION
On 29 June, 2006, the Human Rights Council at its first session, adopted two new international instruments, the Convention against Forced Disappearances and the Declaration on the Rights of Indigenous Peoples, and decided two send both human rights instruments to the 2006 General Assembly session.
The adoption of the Declaration on the Rights of Indigenous Peoples by the UN Human rights Council has been an historic development in the international protection of the rights of indigenous peoples. The adoption of this human rights instrument represents a lot of years of work that involved representatives of the indigenous organisations, delegations of member states, legal experts and NGOs. No other United Nations document has ever been elaborated with such full and democratic participation of all parties concerned.
The Declaration is a comprehensive international standard on human rights. It covers the full range of rights of Indigenous Peoples. In this regard, it is important to note that the Declaration does not create new rights. It elaborates upon existing international human rights norms and principles as they apply to Indigenous peoples. It catalogues the kinds of violations that have historically plagued and, sadly, continue to plague Indigenous Peoples around the world. In particular, there are attacks upon their culture, their land, their identity, and their own voice. The Declaration has remarkable detail on issues like 'cross-border' relations and discrimination suffered by indigenous groups. In short the Declaration lays out the minimum standards for the survival, dignity and well being of Indigenous Peoples.
Furthermore, the Declaration is based upon principles of partnership, consultation and cooperation between Indigenous peoples and states. This is fully consistent with the theme of Second International Decade of the World's Indigenous Peoples "Partnership for Action and Dignity" adopted by the UN General Assembly in 2005.
The United Nations Declaration on the Rights of Indigenous Peoples is being considered for it final adoption at the current session of the UN General Assembly in New York. We hope that the UN members States gathered right now in New York to renew their commitment to protect indigenous peoples rights by adopting this vital human rights document for the more than 300 million indigenous people around the world.
The Declaration's Discussion at the General Assembly
The Declaration on the Rights of Indigenous Peoples, along with the Convention on Forced Disappearances, is part of the report sent by the Human Rights Council to this year's General Assembly session.
Unfortunately, since the beginning of the General Assembly session in September, one of the most controversial topics of discussion and negotiation among governments has been related to the power and status of the new Human Rights Council and, specifically, the issue of what procedure should be used for the General Assembly to consider the reports sent by this new body. While a group of governments argued that the report should be presented directly to the Assembly's plenary, others argued that the new body's report should be considered by the General Assembly's 3rd Committee (the General Assembly Committee that deals exclusively with social and humanitarian issues) before being presented at the plenary.
Finally, and after almost two months of arduous inter-governmental negotiations, it was agreed that although the Human Rights Council’s report would be presented directly to the plenary, the two decisions included in it (the Declaration on the Rights of Indigenous Peoples and the Convention on Forced Disappearances) would have to be considered and approved by the 3rd Committee before being presented at the plenary.
According to this decision, the 3rd Committee has included the Declaration as item number 68 of its work agenda.
Under this point in the agenda, the 3rd Committee will consider and make a decision on the resolution presented on 2 November for the adoption of the Declaration on the Rights of Indigenous Peoples. This resolution, which is extremely short and of an exclusively procedural nature, expresses its appreciation of the decision and adopts the Declaration's text exactly as it was approved by the Human Rights Council, and includes it as an attachment to the resolution. The resolution is co-sponsored by the following governments: Armenia, Bolivia, Congo, Croatia, Cuba, Democratic Republic of Congo, Denmark, Ecuador, Estonia, Fiji, France, Greece, Guatemala, Haiti, Hungary, Latvia, Liechtenstein, Lithuania, Mexico, Panama, Paraguay, Peru, Poland, Portugal, Slovenia, Spain and the former Yugoslav Republic of Macedonia.
The date for the 3rd Committee to consider and vote the resolution is still uncertain, but it is hoped that it will be in the next few days. When this happens, the 3rd Committee may adopt the resolution by acclamation (consensus) or a vote.
If the 3rd Committee approves the Declaration either by acclamation or simple majority, it will then pass on to the General Assembly plenary for final adoption. It is hoped that this will occur in December.
Links
Resolution for the adoption of the UN Declaration on the Rights of Indigenous Peoples - English
Resolution for the adoption of the UN Declaration on the Rights of Indigenous Peoples - Spanish
The following websites have regular updates on the Declaration:
Indigenous Peoples Caucus
UN Permanent Forum on Indigenous Issues |
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