UN adopts Declaration on the Rights of Indigenous Peoples
20 September 2007
On September 13th, after over 20 years of negotiations, the United Nations General Assembly finally adopted the Declaration on the Rights of Indigenous Peoples. The international declaration sets a higher standard for international financial institutions (IFIs) to ensure safeguards and strengthen their policies on indigenous peoples.
The Declaration on the Rights of Indigenous Peoples recognizes indigenous peoples' rights to self-determination, freedom from discrimination, and protection of liberties fundamental to human rights and freedoms.
"The Declaration does not represent solely the viewpoint of the United Nations, nor does it represent solely the viewpoint of the Indigenous Peoples. It is a Declaration which combines our views and interests and which sets the framework for the future. It is a tool for peace and justice, based upon mutual recognition and mutual respect," stated Les Malezer, Chair of the International Indigenous Peoples' Caucus.
The Declaration was approved with an overwhelming majority of 143 votes in favor, 11 abstentions, and only four negative votes cast by the United States, Canada, New Zealand and Australia. Among other issues, it recognizes free prior and informed consent (FPIC) as a prerequisite for resettlement, projects affecting indigenous peoples' territories and lands, or any other legislation which may affect them. Currently, none of the IFIs have recognized free prior and informed consent in their own policies and procedures; at best, they require only "free prior and informed consultation" and broad community support.
"[The Declaration] is the yardstick to assess the laws, policies and programmes on indigenous peoples and to establish new ones at all levels and arenas," said Vitoria Tauli-Corpuz, Regional co-coordinator for Asia for the Steering Committee of the Indigenous Peoples' Caucus.
In several places, the Declaration speaks to issues that may affect the banks' policies, performance standards and safeguards. Among them, Article 10 states that no "relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where feasible, with the option of return."
In Article 23, the Declaration recognizes that "indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development." Further, Article 32, Paragraph 2 mandates that "states shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources."
In addition, the Declaration gives other international organizations the mandate to implement these Articles. Article 41 states:
"The organs and specialized agencies of the United Nations and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established."
Now that the Declaration has been adopted in the United Nations, the IFIs must also strengthen their policies and safeguards towards Indigenous Peoples to meet this higher international standard.
Resources