THE DECLARATION UNDRIP MANUAL FINAL AIPP

AIPP Regional Capacity Building Program - Training Modules on the UNDRIP 7 RIGHTS AIPP

A. The 24 Preambular Paragraphs

1. The preambular paragraphs are statements of historical reference and reiterations of in- ternational instruments that uphold the fundamental rights of indigenous peoples. For exam- ple: Concerned that indigenous peoples have suffered from historic injustices, as a result of, in- ter 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 peo- ples which derive from their political, economic and social structures and from their cul- tures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources. 2. The preamble also contains references to existing international human rights standards and basic principles of international law, including the Charter of the United Nations, the ICESCR, the ICCPR, the ICERD and, above all, the principle on the equal application of the right of self- determination to all peoples. 3. The preamble, further, welcomes the efforts of indigenous peoples in organizing them- selves for political, economic, social and cultural enhancement. 4. It recognizes that respect for indigenous peoples’ knowledge, culture and traditional prac- tices contributes to sustainable development and to the protection of the environment.

B. The 46 Operaional Aricles

The articles enumerate and elaborate on the individual and collective rights of indigenous peoples. The articles define the obligations of states in relation to the rights of indigenous peo- ples. They also state that the exercise of these rights shall be subject only to such limitation as are determined by law and in accordance with international human rights obligations, and shall be non-discriminatory. It is possible to divide the UNDRIP into ten distinguishable parts. Part 1: Articles 1 to 5 These articles set down important general principles, including the recognition of the right to self-determination: Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural de- velopment. Article 3 Indigenous peoples, in exercising their right to self-determination, have the right to au- tonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 4