The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions
In response to the ongoing obstacles hindering the full and effective realization of the rights of indigenous
peoples, there have been significant advances in the development of international standards for the
protection of indigenous peoples’ rights at the international level. These advances culminated in the
adoption of the Declaration by the General Assembly in September 2007.5
Although NHRIs have broad mandates which require that they protect and promote all human rights
for all persons, there are strong arguments for NHRIs to devote special attention to the situation of
indigenous peoples’ human rights.
NHRIs are uniquely positioned to monitor implementation by States. The central role they can play in this
regard has been noted by several United Nations bodies and mechanisms, including the Human Rights
Council,6 the United Nations Permanent Forum on Indigenous Issues,7 the Expert Mechanism on the
Rights of Indigenous Peoples8 and the Special Rapporteur on the rights of indigenous peoples.9 This
role can be achieved through work regularly undertaken by most NHRIs, including advocacy, complaint
handling, human rights education, review and formulation of laws in line with human rights standards
and monitoring of their State’s human rights performance.
CONTENT
This Manual is divided into three parts. The first part outlines the background and legal context of the
rights of indigenous peoples, including an analysis of the content of the Declaration.
The second part outlines the practical steps that NHRIs can undertake to promote the realization
of the rights of indigenous peoples, using the Declaration as the normative framework. Examples of
good practice from different NHRIs have been included to illustrate effective ways of implementing the
Declaration. These examples are not exhaustive but provide ideas to inspire NHRIs on how they can
incorporate the Declaration into their regular work.
The third part outlines the actions that NHRIs can take at the international level to promote the
Declaration and its domestic implementation. Again, a selection of examples have been included to
illustrate the different ways in which NHRIs can utilize the international human rights system to promote
the Declaration and advance indigenous peoples’ rights
Each chapter includes key questions, the legal basis for the involvement of NHRIs, discussion of the
major issues and a recap of the key points.
The companion DVD-Rom features interviews with representatives from NHRIs describing their work for
the protection, promotion and realization of indigenous peoples’ rights, as well as interviews with leading
international experts.
5
The Declaration was adopted by the General Assembly on 13 September 2007 (resolution 61/295). An overwhelming majority of
States (143) voted in favour, while four States (Australia, Canada, New Zealand and the United States of America) voted against
it. Eleven States abstained (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation,
Samoa and Ukraine). By January 2012, the four countries that had opposed the Declaration had moved to indicate their support.
6
Human Rights Council resolution 15/7, para. 12.
7
E/2010/43-E/C.19/2010/15, paras. 53 and 93.
8
A/HRC/12/32, p. 5; A/HRC/15/36, pp. 3-4; and A/HRC/18/43, p. 6.
9
A/64/338, para. 7.
vi | Introduction for users