ASSIGNMENT

UNITED NATIONS
DECLARATION ON THE
RIGHTS OF INDIGENOUS
PEOPLES, 2007

SUBMITTED TO- Dr. GURUJIT SINGH

SUBMITTED BY- AYUSHI GIRDHAR
ENROLLMENT NO. - 00316547123
COURSE- LLM (IPR) REGULAR
PAPER- PROTECTION OF PLANT VARIETIES AND
TRADITIONAL KNOWLEDGE

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 CONTENTS
[Link] Particulars Page No.
1. History 3
2. Objectives of the Declaration 4
3. Purpose of the Declaration 4
4. Who are Indigenous People? 5
5. Key Provisions of the Declaration 6
6. India's implementation of the United Nations 8
Declaration on the Rights of Indigenous Peoples
(UNDRIP)
7. Contemporary issues and challenges with United 8
Nations Declaration on the rights of Indigenous People

8. Conclusion 10
9. Bibliography 11

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HISTORY
The efforts to draft a specific instrument dealing with the protection of indigenous peoples
worldwide date back over several decades. In 1982, the Working Group on Indigenous
Populations was established and was one of the six working groups overseen by the Sub-
Commission on the Promotion and Protection of Human Rights, the main subsidiary body of the
United Nations Commission on Human Rights.

The Working Group was established as result of a study by José R. Martinez Cobo on the
problem of discrimination faced by indigenous peoples throughout the world. The study outlined
the oppression, marginalization and exploitation suffered by indigenous peoples. The Working
Group submitted a first draft declaration on the rights of indigenous peoples to the Sub-
Commission on the Prevention of Discrimination and Protection of Minorities, which was later
approved in 1994. The Draft was sent for consideration to the then U.N. Commission on Human
Rights for further discussion and if it was deemed to be appropriate, to approve the proposed
declaration before its submission to ECOSOC and the U.N. General Assembly.

The process moved very slowly because of concerns expressed by States with regard to some of
the core provisions of the draft declaration, namely the right to self-determination of indigenous
peoples and the control over natural resources existing on indigenous peoples’ traditional lands.

The need to accommodate these issues led to the creation, in 1995, of the open-ended inter-
sessional working group to consider and elaborate on the 1994 draft declaration. The open-ended
working group hoped that the instrument would be adopted by the General Assembly within the
International Decade of the World’s Indigenous People (1995-2004). Since this did not take
place, the mandate of the working group was extended by the U.N. Commission on Human
Rights into the Second International Decade of the World’s Indigenous Peoples (2005-2015).

In 2006, revisions to the human rights machinery within the United Nations resulted in the
replacement of the U.N. Commission on Human Rights with the U.N. Human Rights Council.
On 29 June 2006, the United Nations Human Rights Council adopted the Declaration on the
Rights of Indigenous Peoples.

On 28 December 2006, the Third Committee of the General Assembly (Social, Humanitarian and
Cultural) adopted a draft resolution to defer consideration and action on the United Nations
Declaration on the Rights of Indigenous Peoples by the General Assembly, with the aim of
concluding consideration of the Declaration before the end of its current sixty-first session.

Finally, on 13 September 2007, the Declaration on the Rights of Indigenous Peoples was adopted
by a majority of 143 states in favour, 4 votes against (Australia, Canada, New Zealand and the
United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia,
Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine).Since adoption of the
Declaration, Australia, New Zealand, United States and Canada have all reversed their positions
and expressed support for the Declaration. Colombia and Samoa have also endorsed the
Declaration.

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During the Durban Review Conference in April 2009, 182 States from all regions of the world
reached consensus on an outcome document in which they “Welcomed the adoption of the UN
Declaration on the rights of indigenous peoples which has a positive impact on the protection of
victims and, in this context, urged States to take all necessary measures to implement the rights
of indigenous peoples in accordance with international human rights instruments without
discrimination…”1

OBJECTIVE OF THE DECLARATION

The objective of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),
adopted in 2007, is multifaceted. The key goals of the declaration are as follows:
 Protection of Indigenous Rights: UNDRIP aims to establish a global framework that
safeguards the fundamental rights of indigenous peoples around the world. This includes
rights related to their cultures, languages, self-determination, lands and resources, health,
education, and more.
 Promoting Equality and Non-discrimination: The Declaration seeks to ensure that
indigenous peoples are treated equally and protected from discrimination based on their
identity. It emphasizes their rights to participate fully in decision-making processes that
affect their lives.
 Redress for Past Wrongs: UNDRIP acknowledges the historical injustices faced by
indigenous peoples, including dispossession, marginalization, and violence. It encourages
states to take steps to address these wrongs, such as returning stolen lands and providing
remedies for abuses.
 Building Partnerships: The Declaration promotes collaboration between governments,
indigenous peoples, civil society organizations, and international bodies. This
collaborative approach aims to achieve sustainable development and a more just world
that respects the rights and contributions of indigenous communities.
 Encouraging Respect for Indigenous Cultures: UNDRIP recognizes the unique
cultures and traditions of indigenous peoples. It calls for the preservation and
revitalization of these cultures and encourages intercultural dialogue and understanding.
In essence, UNDRIP strives to create a world where indigenous peoples can live with dignity,
enjoy their fundamental rights, and contribute meaningfully to global society.

PURPOSE OF THE DECLARATION

 Affirming that indigenous peoples are equal to all other peoples, while recognizing the
right of all peoples to be different, to consider themselves different, and to be respected

1
(UN Office of the High Commissioner for Human Rights, Outcome document of the Durban Review Conference ,
24 April 2009, para. 73).

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 as such. Also affirming that all peoples contribute to the diversity and richness of
civilizations and cultures, which constitute the common heritage of humankind.
 Reaffirming that indigenous peoples, in the exercise of their rights, should be free from
discrimination of any kind.
 Concerned that indigenous peoples have suffered from historic injustices as a result of,
inter alia, their colonization and dispossession of their lands, territories and resources,
thus preventing them from exercising, in particular, their right to development in
accordance with their own needs and interests.
 Recognizing the urgent need to respect and promote the inherent rights of indigenous
peoples which derive from their political, economic and social structures and from their
cultures, spiritual traditions, histories and philosophies, especially their rights to their
lands, territories and resources.
 Recognizing also the urgent need to respect and promote the rights of indigenous peoples
affirmed in treaties, agreements and other constructive arrangements with States
 Welcoming the fact that indigenous peoples are organizing themselves for political,
economic, social and cultural enhancement and in order to bring to an end all forms of
discrimination and oppression wherever they occur.
 Recognizing that respect for indigenous knowledge, cultures and traditional practices
contributes to sustainable and equitable development and proper management of the
environment,
 Recognizing in particular the right of indigenous families and communities to retain
shared responsibility for the upbringing, training, education and well-being of their
children, consistent with the rights of the child.
 Bearing in mind that nothing in this Declaration may be used to deny any peoples their
right to self-determination, exercised in conformity with international law
 Encouraging States to comply with and effectively implement all their obligations as
they apply to indigenous peoples under international instruments, in particular those
related to human rights, in consultation and cooperation with the peoples concerned.

WHO ARE INDIGENOUS PEOPLE?

Considerable thinking has been dedicated to defining “indigenous peoples” in the international
arena.2 Indigenous peoples have argued against the adoption of a formal definition at the
international level, stressing the need for flexibility and for respecting the desire and the right of
each indigenous people to define themselves. No formal definition has been adopted in
international law.
The Martinez Cobo Study provided the most widely cited “working definition” of indigenous
peoples:

2
Working paper by the Chairperson-Rapporteur, Erica-Irene A. Daes, on the concept of “indigenous people”
(E/CN.4/Sub.2/ AC.4/1996/2), para. 68. See also the background paper prepared by the Secretariat of the United
Nations Permanent Forum on Indigenous Issues (PFII/2004/WS.1/3).

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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. They form at present non-dominant sectors of society and are determined to
preserve, develop and transmit to future generations their ancestral territories, and their ethnic
identity, as the basis of their continued existence as peoples, in accordance with their own
cultural patterns, social institutions and legal system.
It also notes that an indigenous person is: …
One who belongs to these indigenous populations through self-identification as indigenous
(group consciousness) and is recognized and accepted by these populations as one of its
members (acceptance by the group). This preserves for these communities the sovereign right
and power to decide who belongs to them, without external interference.
According to ILO Convention No. 169, indigenous peoples are descendants of populations
“which inhabited a country or geographical region during its conquest or colonization or the
establishment of present state boundaries” and “retain some or all of their own social, economic,
cultural and political institutions”.3
While not providing a definition, the Chairperson-Rapporteur of the Working Group on
Indigenous Populations has listed the following factors that have been considered relevant to the
understanding of the concept of “indigenous”:
(a) Priority in time, with respect to the occupation and use of a specific territory;
(b) The voluntary perpetuation of cultural distinctiveness, which may include the aspects of
language, social organization, religion and spiritual values, modes of production, laws and
institutions;
(c) Self-identification, as well as recognition by other groups, or by State authorities, as a distinct
collectivity; and
(d) An experience of subjugation, marginalization, dispossession, exclusion or discrimination,
whether or not these conditions persist.

KEY PROVISIONS OF THE DECLARATION

The Declaration is broadly divided into themes: self-determination and its exercise; threats to the
survival of Indigenous peoples; cultural, religious, spiritual and linguistic identity; education and
public information; participatory rights; and lands and resources.
Articles 1-6 recognizes general principles and rights to nationality, self-determination, equality
and freedom from adverse discrimination. Article 3 recognizes the Indigenous right to self-
determination, consistent with common article 1 of the ICCPR and the ICESCR: ‘Indigenous

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Article 1(1)

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peoples have the right to self-determination. By virtue of this right they freely determine their
political status and freely pursue their economic, social and cultural development’.
Articles 7-10 deal with rights to life, integrity and security. Some states had difficulties in
passing these articles in the context of emergencies and argued that they do not have to gain
Indigenous consent prior to removal or relocation in circumstances of emergency.
Articles 11-13 codify rights pertaining to culture, spirituality and linguistic identity, including
the right to practice and revitalize cultural traditions and customs as well as the right to maintain,
protect and develop past, present and future manifestations of Indigenous culture. This includes
archaeological and historical sites, artefacts, performing arts or literature. These sections also
highlight the right to maintain and protect and have access in privacy to religious and cultural
sites and the right to repatriation of human remains.
Articles 14-17 deal with specific rights pertaining to education, information and labour rights,
including the right of all children to all levels and forms of education, including the right of
Indigenous people to establish and control their own educational systems and institutions. This
body of rights also includes the right of Indigenous children living outside their community to be
provided with access to education in their own culture and language.
Articles 18-23 are participatory rights elaborating development and other economic and social
rights. This extends to Indigenous people participating fully at all levels of decision-making in
relation to matters that affect their own lives. This section empowers Indigenous people with the
right to special measures for immediate, effective and continuing improvement of their economic
and social conditions, including in the areas of employment, vocational training and retraining,
housing, sanitation, health and social security. Importantly, the Declaration also provides that
states shall take measures, in conjunction with Indigenous peoples, to ensure that Indigenous
women and children enjoy the full protection and guarantees against all forms of violence and
discrimination.
Articles 24-30 deal with lands, territories and resources. This is the most controversial section of
the Declaration. Article 26 states that Indigenous peoples have the right to own, develop, control
and use lands and territories. This encompasses rights to the total environment of such lands,
therefore comprising air, waters, coastal seas, sea-ice, flora and fauna and other resources which
Indigenous people have traditionally owned or otherwise occupied or used. This includes the
right to the full recognition of their laws, traditions and customs, land tenure systems and
institutions for the development and management of resources, and the right to effective
measures by states to prevent any interference with, alienation of or encroachment upon these
rights.
Articles 31-36 explain how the right to self-determination can be exercised, including matters
relating to internal local affairs such as culture, education, information, media, housing,
employment, social welfare, economic activities, land and resources, and the environment. This
section also deals with matters of citizenship and the capacity to determine one’s own citizenship
in accordance with customs and tradition. It enables Indigenous people to promote and maintain
traditional judicial customs, procedures and practices.
Article 37 contains the right to conclude treaties, agreements or other constructive arrangements
with states. Article 38 provides that the state, in cooperation with Indigenous peoples, shall take

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appropriate measures including legislative measures to achieve the ends of the Declaration and
Article 39 states that Indigenous people have the right of access to financial and technical
assistance from states for the enjoyment of rights in the Declaration. Articles 40-46 are
implementation rights expounding the role of the state and international organizations in
recognizing the rights provided in the Declaration.

INDIA'S IMPLEMENTATION OF THE UNITED NATIONS

DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
(UNDRIP)

India is home to a diverse range of indigenous communities, often referred to as Adivasis or

Janjati. While India hasn't formally adopted UNDRIP, there are aspects of its legal framework
and policies that address some indigenous rights.
The Indian Constitution includes certain provisions that recognize the rights of indigenous
peoples.
 Fifth Schedule: The Fifth Schedule of the constitution deals with the management and
administration of Scheduled Areas and Scheduled tribes where tribal groups predominate.
This applies to Scheduled Tribes residing in central India and grants them certain
administrative autonomy in managing their affairs.
 Sixth Schedule: The Sixth Schedule of Indian Constitution contains provisions related to
the Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and
Mizoram. The Sixth Schedule provides for the administration of certain tribal areas as
autonomous entities.

Several laws have been enacted that address specific issues faced by indigenous communities,
such as:
 Forest Rights Act (2006): The Forest Rights Act (FRA), 2006 recognizes the rights of
the forest dwelling tribal communities and other traditional forest dwellers to forest
resources, on which these communities were dependent for a variety of needs, including
livelihood, habitation and other socio-cultural needs.
 Tribal Land Alienation Acts: These vary by state and aim to protect tribal lands from
dispossession.

CONTEMPORARY ISSUES AND CHALLENGES WITH UNDRIP

(UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS
PEOPLE)

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The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in
2007, marked a significant step forward. However, its implementation and effectiveness continue
to face challenges in the contemporary world.

 Implementation Gaps
 National Legislation and Policies: While many countries haven't formally
adopted UNDRIP, some incorporate its principles into national laws and policies.
However, the translation from principles to practice remains a significant hurdle.
Bureaucratic hurdles, lack of political will, and competing interests often impede
effective implementation.
 Resource Constraints: Enacting and enforcing laws that protect indigenous
rights requires resources. This includes funding for legal aid, capacity building
within indigenous communities, and establishing effective monitoring
mechanisms. Lack of adequate resources can hinder progress.
 Data and Monitoring: Reliable data on the situation of indigenous peoples,
including violations of their rights, is crucial for holding governments
accountable. Data collection and monitoring mechanisms often lack sufficient
resources and transparency.

 Accountability and Enforcement Mechanisms

 Lack of Enforcement Power: UNDRIP itself is not a legally binding treaty.
While it carries moral weight, enforcing its principles remains a challenge.
Mechanisms to hold governments accountable for violations are limited.
 Indigenous Participation: Meaningful participation of indigenous peoples in
decision-making processes and grievance redressal mechanisms is crucial.
However, their voices are often marginalized, and effective consultation processes
are lacking.
 Corporate Accountability: Business activities, particularly those related to
resource extraction, can have a significant impact on indigenous lands and
livelihoods. UNDRIP encourages responsible business practices, but mechanisms
to hold corporations accountable for violations of indigenous rights remain
underdeveloped.

 Ongoing Violations of Rights

 Land Dispossession: Forced relocation and loss of traditional lands due to
development projects, resource extraction, and conservation efforts continue to be
a major challenge for indigenous communities.
 Environmental Degradation: Resource exploitation on indigenous lands often
leads to environmental damage, disrupting traditional livelihoods and impacting
health. The rights of indigenous peoples to participate in environmental decision-
making are often not respected.
 Violence and Discrimination: Indigenous communities still face violence,
discrimination, and social exclusion. They are often disproportionately affected
by poverty, lack of access to education and healthcare, and human rights abuses.

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  Evolving Context and New Challenges
 Climate Change: The impacts of climate change disproportionately affect
indigenous communities who rely on traditional land and resources. UNDRIP
needs to be interpreted and applied in the context of climate change adaptation
and mitigation strategies.
 Digital Rights: The digital age presents both opportunities and challenges for
indigenous peoples. Ensuring equitable access to information and communication
technologies while protecting their cultural heritage and intellectual property
rights requires further consideration.
 Urbanization: As more indigenous people migrate to urban areas, ensuring their
rights and cultural needs are met in these new settings presents a new frontier in
indigenous rights advocacy.
 Incomplete Implementation: Laws like the Forest Rights Act have faced
bureaucratic hurdles and resistance from other stakeholders, hindering their
effectiveness.
 Socioeconomic Marginalization: Many indigenous communities continue to
face poverty, lack of access to quality education and healthcare, and limited
livelihood opportunities.

Despite these challenges, there are ongoing efforts to strengthen the implementation of UNDRIP:
 Advocacy by Indigenous Peoples: Indigenous communities continue to organize, raise
awareness, and advocate for their rights at national and international levels.
 Role of Civil Society: Civil society organizations play a crucial role in supporting
indigenous communities in their efforts to claim their rights.
 Multi-Stakeholder Partnerships: Collaboration between governments, indigenous
peoples, international organizations, and the private sector is essential for advancing
UNDRIP's goals.
 Monitoring and Reporting: Strengthening mechanisms for monitoring and reporting on
progress towards UNDRIP implementation is crucial for holding governments
accountable.
 Sharing Best Practices: Sharing successful strategies from countries that have made
progress in implementing UNDRIP can be a valuable tool for others.
 Effective Implementation: Ensuring that existing legal frameworks are fully
implemented and bureaucratic hurdles are addressed.
 Consultation and Participation: Meaningful consultation with indigenous communities
is crucial in decision-making processes that affect their lives.
 Investing in Development: Targeted investments in education, healthcare, and
infrastructure development are crucial for improving the socioeconomic well-being of
indigenous communities.
 Cultural Preservation: Supporting initiatives to revitalize indigenous languages and
traditions, fostering cultural pride and identity.

Conclusion

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The path towards ensuring the full enjoyment of rights by indigenous peoples in India requires a
multi-pronged approach. Continued advocacy by indigenous communities, along with
commitment from the government and other stakeholders, is essential to bridge the gap between
existing legal frameworks and the realities on the ground. UNDRIP, while not a binding
instrument, can serve as a valuable guide in this ongoing process. As India strives for a more
inclusive and equitable society, upholding the rights and well-being of its indigenous
communities remains a critical imperative.
The United Nations Declaration on the Rights of Indigenous Peoples stands as a powerful
instrument for achieving a more just and equitable world. While challenges remain, ongoing
advocacy, stronger accountability mechanisms, and collaborative efforts hold promise for the
future. As the world grapples with issues like climate change and sustainable development,
recognizing the rights and knowledge of indigenous peoples is more important than ever.
UNDRIP serves as a roadmap for a future where indigenous communities can thrive and
contribute meaningfully to a more just and sustainable world.

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 BIBLIOGRAPHY

 The United Nations Declaration on the Rights of Indigenous Peoples: A Manual for
National Human Rights Institutions
 THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES,
Megan Davis, Indigenous Law Centre, Law School, University of New South Wales, Australian
Indigenous Law Review , Vol. 11, No. 3 (2007), pp. 55-64

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