Implementation of the UN Declaration on the Rights of Indigenous Peoples (UN DRIP)

The UN Declaration on the Rights of Indigenous Peoples (UN DRIP), adopted by the UN General Assembly in September 2007, is the most comprehensive and advanced of international instruments dealing with indigenous peoples’ rights. Australia, New Zealand, Canada and the United States of America rejected the Declaration at first but likewise gave their consent later. Those states who decided to abstain still need to be encouraged to endorse the Convention.
A joint submission by the NGOs AGIM/Germany, CSIA/France, Global 2000-FOE/Austria, Incomindios/Switzerland during the UN Expert Mechanism on the Rights of Indigenous Peoples in Geneva in July 2011 stated: “The UNDRIP is the first declaration being elaborated by States, non-indigenous experts and those that are mainly affected: Indigenous Peoples themselves – represented by experts, traditional leaders and activists. In this matter, the UN changed its procedural regulations and included indigenous participation. Consequently, indigenous expertise was essential, to finally reach outstanding substance and utmost significance. The UNDRIP has been already applied by Courts as well, such as, inter alia, by the Inter- American Court in the case Saramaka People v. Suriname in which indigenous Land, Territory and Resource Rights in relation to Free, Prior, Informed Consent got affirmed.”
While as a declaration UNDRIP is not legally binding, it includes mechanisms agreed upon in other human rights treaties and reflects what is known as customary international law, i.e. legal standards that have become mandatory for states through their widespread use. The Office of the UN High Commissioner for Human Rights emphasized that the „Declaration is now among the most widely accepted UN human rights instruments. It is the most comprehensive statement addressing the human rights of indigenous peoples to date, establishing collective rights and minimum standards on survival, dignity, and wellbeing to a greater extent than any other international text.“ As a result of indigenous expertise, fundamental new standards evolved

• such as the Free, Prior, Informed Consent (FPIC), which today is a widely acknowledged term in treaty bodies.

   

  According to the June 2011 “Fact Sheet on the United Nations Declaration on the Rights of Indigenous Peoples”, that was endorsed by many Canadian human rights organizations, the Declaration is being used by UN treaty bodies to interpret Indigenous peoples‘ rights and related State obligations under international treaties. Article 42 of the Declaration commits states as well as the UN and its bodies, including the Permanent Forum on Indigenous Issues and specialized agencies including the Special Rapporteur to promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration. Courts and human rights tribunals can use the Declaration as a relevant source in interpreting Indigenous human rights and related state obligations. Corporations and investors should incorporate the Declaration in their contracts involving indigenous peoples’ affairs.

   

  In relation to the UN Human Rights Council we expect from the German government to:

   

• encourage the adoption of national implementation strategies for the UNDRIP by the states

   

   

• create a formal process to monitor the application and implementation of the UNDRIP

   

   

• encourage states who abstained in 2007 to endorse the Declaration

   

   

• urge states to undertake a review of existing laws and policies to ensure compliance with UNDRIP

   

   

• encourage all the States supporting the UNDRIP to correspondingly adopt the UNDRIP in their respective legislative bodies

   

   

• monitor the measures taken by the states and prepare a report about the further developments

   

  In relation to bilateral and EU-relationships we expect from the German government to:

   

• include UNDRIP in all foreign trade agreements in conjunction with indigenous peoples human rights, territories and fundamental interests

   

   

• promote broader public awareness of and human rights education on the Declaration as a principled, universal framework for the rights of indigenous peoples

   

   

• endorse and ratify UN International Labour Organization Convention 169, thereby forming a perfect complement to UNDRIP for the protection of indigenous peoples’ human rights