The United Nations Declaration on the

Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights

The elimination of de facto discrimination may require States to implement laws and policies that facilitate substantive equality for indigenous peoples in the enjoyment of their rights and to adopt special measures.

The Expert Mechanism has commended national-level programmes which, in addition to seeking to redress imbalances between non-indigenous and indigenous peoples, specifically seek to ensure equality between indigenous men and women.

The Declaration does not specifically define “culture”. The Expert Mechanism has noted that it is not necessary, and may not even be appropriate, to define culture. A broad view of indigenous cultures should be adopted.

Indigenous peoples often organize their societies as a group, which is why recognition of collective rights is essential for indigenous peoples.

Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent

Autonomous political, economic and social structures of indigenous peoples support the effective exercise of the right to self-determination by indigenous peoples.

Indigenous peoples have the right to participate in decision-making in matters that may affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

The Declaration requires States to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

Consultation and participation are crucial components of a consent process.

Chapter 4: The content of the Declaration: Lands, territories and resources; development with identity, and redress and compensation

Key impediments to the full and free enjoyment of indigenous peoples’ rights to lands, territories and resources include the failure of States to recognize the existence of indigenous use, occupancy and ownership and the failure of States to accord appropriate legal status, juridical capacity and other legal rights in connection with indigenous peoples’ ownership of land.

States have an obligation to provide effective mechanisms for redress when the free, prior and informed consent of the indigenous peoples has not been sought.

Chapter 5: The implementation of the Declaration

The Declaration does not create new rights for indigenous peoples. It elaborates on existing human rights standards and articulates them as they apply to indigenous peoples.

The Declaration adopts language that imposes obligations and responsibilities on States.

Treaty bodies are using the Declaration in their work and recommendations to States.

The Paris Principles establish a broad normative framework from which NHRIs can undertake distinct programmes of work to advance the protection, promotion and realization of the rights of indigenous peoples.

Chapter 6: Accessibility of NHRIs to indigenous peoples

It is important that NHRIs promote awareness among indigenous peoples of who they are and what they do. This may require targeted promotional campaigns.

NHRIs should recognize that indigenous peoples may be reluctant to engage with them.

NHRIs should take actions to engage indigenous peoples in remote locations.

Collaborations and partnerships with indigenous peoples’ organizations can foster greater engagement by NHRIs with indigenous peoples.

NHRIs are encouraged to have an indigenous presence within their organization. It is important to engage with indigenous peoples and their organizations in the recruitment process of indigenous staff.

Indigenous-specific programmes of work will foster an indigenous presence within NHRIs. Staff working in these units should meet additional selection criteria to ensure that they have the necessary skills and experience to work sensitively and appropriately with indigenous peoples.

NHRIs should be guided by a human rights-based approach when working with indigenous peoples.