What is the UNDRIP, and Why Is It Important for IPs?
3 min read
UNDRIP stands for the United Nations Declaration on the Rights of Indigenous Peoples. It is an international document adopted by the United Nations General Assembly on September 13, 2007. The declaration sets out the individual and collective rights of Indigenous peoples, including their rights to culture, identity, language, employment, health, education, and natural resources.
Key points of UNDRIP include: #
1. Self-determination: Indigenous peoples have the right to determine their political status and freely pursue their economic, social, and cultural development.
2. Cultural Preservation: The declaration emphasizes the protection and preservation of Indigenous cultures, languages, and traditions.
3. Land and Resources: Indigenous peoples have the right to own, use, develop, and control the lands and resources they have traditionally owned or otherwise occupied.
4. Participation in Decision-Making: It ensures the right of Indigenous peoples to participate in decision-making processes that affect their rights and to maintain and strengthen their distinct political, legal, economic, social, and cultural institutions.
5. Free, Prior, and Informed Consent (FPIC): Governments must consult and cooperate in good faith with Indigenous peoples to obtain their consent before adopting or implementing legislative or administrative measures that may affect them.
While UNDRIP is not legally binding, it sets an important global standard for the treatment of Indigenous peoples and serves as a framework for nations to adopt in their laws and policies.
Key points of UNDRIP #
| Key Points | Relevant Articles | Explanation & Key Concepts | Obligations for States |
| Self-determination | Article 3, Article 4 | Indigenous peoples have the right to freely determine their political status and pursue their development paths. | States must recognize and respect the self-determination of Indigenous peoples, ensuring their autonomy and self-governance. |
| Cultural Preservation | Article 11, Article 12, Article 13 | Emphasizes the right to practice, revitalize, and transmit cultural traditions, languages, and customs. | States are obligated to protect and promote Indigenous cultures, including the return of cultural property and artifacts. |
| Land and Resources | Article 25, Article 26, Article 27, Article 28, Article 29, Article 32 | Indigenous peoples have the right to the lands, territories, and resources they traditionally own or use. | States must recognize and protect these rights, provide mechanisms for redress, and ensure Indigenous peoples' participation in decisions regarding their lands. |
| Participation in Decision-Making | Article 18, Article 19 | Indigenous peoples have the right to participate in decision-making processes affecting their rights. | States must consult and cooperate in good faith with Indigenous peoples to ensure their participation in decision-making. |
| Free, Prior, and Informed Consent (FPIC) | Article 10, Article 19, Article 32(2) | Indigenous peoples must give their free, prior, and informed consent before any project affecting their lands or resources is initiated. | States must obtain the consent of Indigenous peoples before adopting measures that may impact their rights or territories. |
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- Self-determination: This concept allows Indigenous peoples to make decisions about their own political, social, and economic futures. It includes the right to form their institutions and to be autonomous in matters concerning their internal affairs.
- State Obligation: States are required to respect and support the self-determination of Indigenous peoples. This means enabling and not interfering with Indigenous governance structures and providing resources to support self-determined development.
- Cultural Preservation: Indigenous peoples have the right to maintain and strengthen their unique cultural identities. This includes the protection of sacred sites, traditional knowledge, languages, and customs.
- State Obligation: States must take active measures to preserve and promote Indigenous cultures. This includes ensuring that cultural practices can continue and providing access to resources or venues for cultural expression.
- Land and Resources: Indigenous peoples’ connection to their lands and resources is fundamental to their identity and livelihood. The declaration emphasizes their right to own, use, and control these lands and resources.
- State Obligation: States must legally recognize and protect Indigenous peoples’ land rights. This includes preventing the displacement of Indigenous peoples and ensuring that they have access to the natural resources on their lands. States must also provide remedies when these rights are violated, such as restitution or compensation.
- Participation in Decision-Making: Indigenous peoples have the right to participate in decisions that affect them, especially in policies and laws that impact their lives.
- State Obligation: States are required to include Indigenous peoples in decision-making processes. This means engaging with Indigenous communities in a meaningful way and ensuring that their voices are heard and considered in the legislative and administrative processes.
- Free, Prior, and Informed Consent (FPIC): This principle is crucial to respecting Indigenous peoples’ sovereignty over their lands and resources. FPIC means that Indigenous peoples have the right to agree to or reject a project before it begins, based on a full understanding of the impacts.
- State Obligation: States must obtain consent from Indigenous peoples before proceeding with any project or law that affects their lands, territories, or rights. This process must be conducted transparently and with full disclosure of information, ensuring that consent is given freely without coercion.
