BACKGROUND UNDRIP MANUAL FINAL AIPP

rights of indigenous peoples to self-determination and to their land, territories and resources. These remained very contentious throughout the eleven years as states strove to qualify, limit, weaken or erode those rights. Finally, in June 2006, the UN Human Rights Council HRC adopted the Draft Declaration, with some revisions from the Chair of the WGDD. Then in September 2007, the UN General As- sembly adopted the United Nations Declaration on the Rights of Indigenous Peoples.

II. THE DECLARATION

The UNDRIP is an international human rights instru- ment that sets the minimum standards for guaranteeing the collective rights of indigenous peoples. It is an affir- mation of collective rights that have long been exercised by indigenous peoples. It is not a new set of rights granted by states; rather, it is a recognition of inherent rights and defines the obligations of states to respect those rights. Like the Universal Declaration of Human Rights, the UNDRIP is a legal instrument. By its nature as a Decla- ration, it may not have the binding force of a Convention – e.g. the International Convention on Civil and Political Rights ICCPR, the International Convention on Social, Economic and Cultural Rights ICSECR and the Interna- tional Convention on the Elimination of All Forms of Ra- cial Discrimination ICERD – which have been signed by states or ratified by them explicitly as parties. However, as R. Hatano, a member of the WGDD, has emphasized, the Declaration “nonetheless sets out the rights of indigenous peoples and the duties of States towards these peoples.” Besides, much of its contents are reiterations of rights al- ready provided for in the aforementioned Conventions; they specify that the provisions in these Conventions ap- ply to indigenous peoples.

III. THE CONTENT

The UNDRIP consists of 24 preambular paragraphs and 46 operative articles. The preambular paragraphs give the background, lay out the context, and define the parameters of the operative articles, which set down the actual rights of indigenous peoples. AIPP Regional Capacity Building Program - Training Modules on the UNDRIP 6 RIGHTS AIPP Clarify the difference between a Declaration and a Convention or Treaty. Refer to the excerpts from the UN Treaty Reference Guide appended to this Overview. Note to trainers Give the following input, flashing the summaries of the contents of the UNDRIP as you go along. Suggested Method Again, distribute metacards to the participants, and ask them to write down, one by one, in their own languages what they understand of: • human rights; • collective rights; • inherent rights; • the granting of rights vs. the recognition of rights. Again post the metacards on the board or wall, separately from the metacards regarding the UNDRIP. Refer to them and provide the correct definitions of the foregoing terms as you discuss the following. Suggested Method 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