The United Nations Declaration on the



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The United Nations
Declaration on the
Rights of Indigenous Peoples

A Manual for


National Human Rights Institutions

Note


The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations document.

HR/PUB/13/2

ISBN 978-0-9873578-6-1 (APF print)


ISBN 978-0-9873578-7-8 (APF electronic)

The United Nations Declaration on the Rights of Indigenous Peoples: A Manual for National Human Rights Institutions

© Copyright Asia Pacific Forum of National Human Rights Institutions and the Office of the United Nations High Commissioner for Human Rights August 2013

The APF and OHCHR permit the free reproduction of extracts from this publication provided that due acknowledgement is given and a copy of the publication carrying the extract is sent to the following addresses:

Asia Pacific Forum of National Human Rights Institutions


GPO Box 5218
Sydney NSW 1042
Australia

Office of the United Nations High Commissioner for Human Rights


Indigenous Peoples and Minorities Section
Palais des Nations
CH-1211 Geneva 10
Switzerland

Contents


Contents 3

Foreword 5

Acknowledgements 6

List of abbreviations 7

Introduction for users 8

Part I:
The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation 10

Introduction to Part I 10

Chapter 1:
Background to the Declaration 11

Chapter 2:


The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights 18

Chapter 3:


The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent 26

Chapter 4:


The content of the Declaration: Lands, territories and resources; development with identity; and redress and compensation 37

Chapter 5:


The implementation of the Declaration 42

Part II:
National human rights institutions’ domestic activities and functions 48

Introduction to Part II 48

Chapter 6:
Accessibility of NHRIs to indigenous peoples 49

Chapter 7:


Awareness raising and education 62

Chapter 8:


Promoting compliance with the Declaration 74

Chapter 9:


Investigations and complaints 85

Chapter 10:


Public inquiries 95

Part III:
National human rights institutions’ international engagement 102

Introduction to Part III 102

Chapter 11:
The Human Rights Council 103

Chapter 12:


Treaty bodies 118

Chapter 13:


Mechanisms specific to indigenous peoples’ rights 129

Summary 138





Foreword


The UN Declaration on the Rights of Indigenous Peoples, adopted by the United Nations General Assembly in 2007, provides a global framework for efforts to advance indigenous peoples’ rights. Together with other human rights instruments and growing human rights jurisprudence concerning indigenous peoples, the Declaration contains crucial guidance for building societies that ensure full equality and rights of indigenous peoples.

The Declaration has already prompted concrete improvements. At the United Nations and in regional organisations, human rights concerns of indigenous peoples have become an integral part of debates ranging from environment to development issues. At the national level, the Declaration has inspired new legislation and mechanisms for dialogue with indigenous peoples.

Despite these positive signs, the promise of the Declaration is far from being universally fulfilled. As the findings of human rights mechanisms demonstrate, indigenous peoples in many parts of the world continue to be systematically discriminated and silenced. Rights of indigenous peoples are frequently the first victims of development activities in indigenous lands, often pursued with no regard to the principle of free, prior and informed consent and other guarantees of the Declaration.

The present publication – a joint initiative of my Office and the Asia Pacific Forum of National Human Rights Institutions – is part of our continuing efforts to fill these gaps, to promote the Declaration and to further its practical implementation. It aims at increased engagement by one key actor in ensuring that human rights, including indigenous peoples’ rights, become a reality: national human rights institutions. As examples contained in this publications show, national human rights institutions can play a crucial role in the protection and promotion of indigenous peoples’ rights. Through their legal status and mandate, they have the potential to be strong allies with, and advocates for, indigenous peoples. As conduits between the national, regional and international human rights spheres, national human rights institutions are uniquely placed to contribute to the genuine implementation of the Declaration and the progressive realization of the rights of indigenous peoples.

The first part of this publication introduces the background and context of the Declaration, while the second and third parts focus on measures which national human rights institutions can take at the national and international level to protect and promote indigenous peoples’ rights. The publication is accompanied by an audio-visual resource, which features interviews with indigenous peoples, representatives of national human rights institutions and international human rights experts.

I hope that this publication will foster a greater awareness of the rights of indigenous peoples among national human rights institutions, will guide and support them in this critical work and contribute to their capacity and commitment to work with indigenous peoples in order to realize the rights set out in the Declaration.



Navi Pillay
United Nations High Commissioner for Human Rights


August 2013


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