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Introduction
According to Martinez-Cobo, “Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing on those territories, or parts of them” (as qt in Morgan 56). These people constitute the societal sectors that are non-dominant presently. However, they demonstrate the determination of preserving, developing, and transmitting their ethnic characteristics and inherited territories to their future generations. The indigenous communities are striving to survive as peoples and to keep their unique cultural patterns, legal system, and social institutions (Morgan 56).
In the present times, there are approximately three hundred and seventy million indigenous peoples in about seventy countries. Regardless of their huge numbers, indigenous peoples are categorized among some of the most susceptible and helpless peoples worldwide. This is because these peoples are persistently caused to undergo and experience prejudice, intolerance, coercion, colonization, adaptation, and cultural genocide (Allen). It is a saddening reality that several generations of indigenous peoples have suffered unthinkable traumas. These inconceivable experiences have formed part their identities and they remember such sufferings to this day (Thornberry). In the contemporary times, a lot of governments all over the world have refused and continue to refuse indigenous peoples’ rights to lands and resources which they have possessed, used or occupied by tradition ("United Nations Declaration on the Rights of Indigenous Peoples" 5).
The Tuareg and San (Africa), the Saami (northern Europe), the Maori (New Zealand), The Aborigines and Torres Strait Islanders (Australia), the Inuit and First Nations (North America) and the Mayans (Guatemala) are few examples of Indigenous populations found worldwide ("United Nations Declaration on the Rights of Indigenous Peoples" 8).
Background
It was in 2007 that the United Nations General Assembly adopted The UN Declaration on the Rights of Indigenous Peoples. When the Declaration was presented, one hundred and forty-four countries voted in its favor. However, Australia, Canada, New Zealand, and the United States of America voted against its adoption. On the other hand, eleven countries did not participate in the voting process. Those included Bangladesh, Azerbaijan, Soviet Union, Bhutan, Georgia, Burundi, Kenya, Colombia, Nigeria, Ukraine, and Samoa. It is noteworthy that the four countries that previously opposed the endorsement of the Declaration have now accepted it ("United Nations Declaration on the Rights of Indigenous Peoples" 6).
The UN Declaration on Indigenous Rights – Discussion and Analysis
This Declaration offers a universal agenda to make efforts for the advancement of the rights of indigenous peoples. It contains various human rights instruments and emergent human rights legislation with reference to indigenous peoples (Thornberry). Moreover, the Declaration also includes fundamental direction to build societies that guarantee complete fairness and impartial rights of the discussed peoples. It provides minimum principles for the continued existence, endurance, self-respect, interests and civil liberties of the indigenous peoples all over the world. The UN Declaration on Indigenous Rights also deals with both individual and communal rights, educational rights, health care rights, cultural rights and identity, employment rights, and language rights of these communities. It prohibits bias, unfairness, and prejudice against indigenous peoples (Allen). It also concentrates on the promotion of full and efficient participation of indigenous peoples in every matter concerning them. In addition, the Declaration makes certain that these people are granted the right to remain distinctive. It also guarantees them the right of pursuing their unique own priorities the development of society, culture, and economy. The Declaration clearly persuades pleasant and two-way relations between the indigenous peoples and States ("United Nations Declaration on the Rights of Indigenous Peoples").
The United Nations Declaration on Indigenous Rights is an elaborative form of the international human rights. It is an extension that provides a global framework about the status and rights of indigenous peoples. It is important to mention here that this Declaration was propounded as a response to several years of discussions and consultations within the worldwide community between indigenous peoples and States (Allen). It is, in fact, a reflection of an understanding between the negotiators. It is not untrue to state that the Declaration is made up of a custom of achievement that must be pursued by both States and the indigenous communities mutually and respectfully (Pritchard). Moreover, there are few bodies in the United Nations that are responsible for monitoring the implementation and violation of rights of indigenous peoples. The Special Rapporteur and the Permanent Forum on Indigenous Issues are two such UN bodies that carry out this worldwide responsibility in an efficient manner ("United Nations Declaration on the Rights of Indigenous Peoples" 7).
The creation of the mentioned declaration was an outcome of the uphill struggles of Indigenous groups, governments, and several private, civil, and community-based organizations. Although the Declaration has no legal obligations; the provisions it contains are obtained from legally-binding instruments. Therefore, it is extremely important for Indigenous groups to understand and use this Declaration actively. This is because it is an indispensable officially authorized tool that is helpful to seek respect and recognition for Indigenous rights and responsibilities ("United Nations Declaration on the Rights of Indigenous Peoples" 28). By now, the Declaration has rapidly made concrete developments and enhancements all over the world. Concerns related to Indigenous peoples and their rights have become a vital part of talks and discussion sessions organized at the United Nations and other regional organizations. These debates range from developmental to environmental matters. It is noteworthy that the Declaration has encouraged the creation of new mechanisms and jurisprudence for granting rights to indigenous peoples. This has become an international phenomenon (Gargett 5).
It would not be untrue to state that even though the United Nations Declaration on the Rights of Indigenous Peoples took over two decades to formulate, it is the most important accomplishment of Indigenous peoples facing state unwillingness. The said communities have also experienced active confrontation while struggling to address the matters concerning them (Pritchard). However, the Declaration clearly rises above and overtakes preceding international statements concerning the rights of Indigenous peoples. In particular, it covers major areas such as self-rule, rights to lands and resources, territorial rights, cultural uprightness, and value for offered treaty rights (Allen).
Legal Significance of the UN Declaration on Indigenous Rights
As this Declaration is a General Assembly resolution, it does not have lawfully fastening effects. However, it has legal binding in the sense when the articles within the Declaration reflect the currently practiced international laws. It is significant to mention that for the constitution of customary international law, it is essential that a norm is supported by the states with its expansive and persistent practice. According to a number of convincing commentators, several principles contained in the Declaration simply mirror the present standards of customary international law. On the other hand, a number of opposing commentators and states demonstrate a strong disagreement to this argument. They believe that the practice of many principles included in the Declaration is not supported by state. Furthermore, the Declaration’s text is complex to a certain extent due to successive ‘give and take’ over its formulation period (Anaya).
It is important to clarify that the United Nations Declaration on Indigenous Rights is not attempted towards bestowing indigenous peoples with a series of new or distinctive human rights. Instead, it is meant to provide a contextualized explanation of universal human rights in accordance with the particular circumstances faced by indigenous peoples in the existing culture and society. The principles established and avowed in the Declaration have a corrective and curative character for all intents and purposes. The major reason of the proposition of this Declaration is to rectify the general obstructions and unfairness faced by indigenous peoples when they try to enjoy their basic rights as human beings. If this point of view is taken into consideration, it becomes crystal clear that the Declaration principles have a strong connection with the presented State obligations concerning human rights (Gargett 5).
The Place of Aboriginal People in the Sphere of International Law Today
It is not an untold secret that Indigenous peoples are keepers and caretakers of some of the most geologically varied world territories. Their contribution in the cultural and linguistic diversity is also commendable. Moreover, the traditional knowledge possessed by these people has remained a priceless resource to benefit the human race. Nevertheless, indigenous peoples go on with experiencing biasness, marginalization, opposition, and extreme poverty (Zukang).
It is an astonishing fact that regardless of remarkable harsh conditions and hard times, indigenous people have struggled to thrive as distinct communities. They have made persistent endeavors to roll back injustices that have lingered due to colonization patterns (Pritchard). They have survived in this quest through law, negotiation, and armed resistance. However, these peoples have made appeals to the international community to take steps for their betterment. They have also demonstrated their reliance on international law for the advancement of their cause of self-regulation and autonomy. It is worth-mentioning that their efforts have not failed. The international law has been successful in formulating procedures and norms that support the demands of the indigenous peoples. There have been grudges and imperfections in this process. However, the international law now recognizes indigenous peoples as a distinct community that enjoys the right of living their life like other human beings (Anaya).
In addition, governments worldwide have recognized the threats faced by indigenous groups. This recognition has been matched with action. A lot of governments have taken major steps to address the concerns of indigenous peoples, including the settlement of land claims, amendments in constitutions, and apologies for precedent behavior and handling of indigenous peoples. Thus, these peoples have been successful in their struggle to attain a prominent place in the international community. There is no doubt that the United Nations Declaration on Indigenous Rights is an important milestone in the due course (Pritchard).
International law’s historical trends greatly facilitated indigenous peoples’ colonization. Human rights program of the contemporary international law, on the other hand, has given a modest response to the aspirations of indigenous peoples. In the present times, indigenous peoples are able to continue to exist as distinct communities. In particular, international law has granted them the right of controlling their future and destinies (Anaya).
It is a great development that the demands of indigenous people today are responded as human rights imperative in the sphere of international law. It is commendable that the United Nations has shown its commitment to provide steadfast support to a better future for all indigenous peoples. This international organization has facilitated the discussed peoples to attain and enjoy tranquility, human rights and welfare. Regardless of the fact that this Declaration is positively implemented in many parts of the world, it has also failed to fulfill its promise universally. According to the human rights mechanisms’ findings, “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” (Gargett 5).
Conclusion
The international community has given little or no consideration to indigenous people for decades. Nevertheless, this inattentiveness to indigenous peoples’ concerns has started to reduce as the affected communities have started to make their voices heard at international platforms. The building up of partnerships between indigenous peoples and the United Nations has strengthened the place of these people in the world. It is also noteworthy that the indigenous peoples are making remarkable contributions across the globe while working in collaboration with both government and non-government sectors (Thornberry).
On the other hand, it is a bitter reality that there are still a lot of bad practices in handling indigenous peoples in worldwide societies. There are many parts on the globe where the treatment of indigenous peoples is extremely uncertain, insecure, and unstable. The purpose of the United Nations Declaration on the Rights of Indigenous Peoples is to take immediate and significant steps for securing the status and rights of the indigenous people. This Declaration can turn out as incredibly influential to give prominence to indigenous peoples’ issues (Pritchard). At the same time, it needs to be understood by the UN system, indigenous people, States, and civil society that the realization of this potential is dependent on the employment of the Declaration. It is significantly imperative that the Declaration is made a universally living document so that it may give authentic importance and consequence for indigenous peoples all over the globe. The Bolivian government has taken an incredible measure by adopting the Declaration as country’s national law. Other states are also required to follow the example of Bolivia so that indigenous peoples can be granted their equal share of rights and responsibilities (Zukang).
Works Cited
Allen, Steve. Reflections on the UN Declaration on the Rights of Indigenous Peoples. Oxford: Hart Pub., 2011. Print.
Anaya, S. James. Indigenous Peoples in International Law. New York: Oxford UP, 1996. Print.
Gargett, A. "The United Nations Declaration on the Rights of Indigenous Peoples: A Manual for National Human Rights Institutions." OHCHR. Office of the United Nations High Commissioner for Human Rights, 1 Jan. 2013. Web. 6 Nov. 2014. <http://www.ohchr.org/documents/issues/ipeoples/undripmanualfornhris.pdf>.
Morgan, Rhiannon. Transforming Law and Institution: Indigenous Peoples, the United Nations and Human Rights. Burlington, VT: Ashgate, 2011. Print.
Pritchard, Sarah. Indigenous Peoples, the United Nations and Human Rights. London: Zed, 1998. Print.
Thornberry, Patrick. Indigenous Peoples and Human Rights. Manchester: Manchester UP, 2002. Print.
"United Nations Declaration on the Rights of Indigenous Peoples." Web. 5 Nov. 2014. <http://naturaljustice.org/wp-content/uploads/pdf/UNDRIP.pdf>.
Zukang, S. "State of the World’s Indigenous Peoples." UN. United Nations, 1 Jan. 2009. Web. 6 Nov. 2014. <http://www.un.org/esa/socdev/unpfii/documents/SOWIP_web.pdf>.
