The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions Tribal Populations Convention, 1957 (No. 107) – now closed for ratification – and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).11 The modern indigenous rights movement gained momentum in the 1960s and the 1970s, when a large number of non-governmental organizations (NGOs), many of which were specifically indigenous peoples’ organizations, were established nationally and internationally. These organizations have shed light on systemic discrimination and human rights violations faced by indigenous peoples all over the world. In 1971, the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities appointed one of its members, Martinez Cobo, as Special Rapporteur, to conduct a comprehensive study on discrimination against indigenous populations and recommend national and international measures for eliminating such discrimination. The study is commonly known as the Martinez Cobo Study.12 This seminal piece of work laid the foundations for the modern indigenous international human rights system and led to the establishment, in 1982, of the first United Nations mechanism with a mandate to exclusively address issues related to indigenous peoples: the Working Group on Indigenous Populations. Its primary functions was to give special attention to the development of standards concerning the rights of indigenous populations. It completed the elaboration of a draft declaration on the rights of indigenous peoples in 1993,13 in collaboration with governmental, indigenous and other non-governmental participants. The draft declaration was adopted in 1994 by the Sub-Commission and submitted to the Commission on Human Rights, which set up its own working group14 in 1995 to review the draft. It was adopted by the Human Rights Council at its first session held in June 2006 by a vote of 30 in favour, 2 against and 12 abstentions.15 Simultaneously, throughout the United Nations system, a range of initiatives brought increasing attention to the rights of indigenous peoples, including the establishment of a United Nations Voluntary Fund for Indigenous Populations in 1985,16 the proclamation of the International Year of the World’s Indigenous People in 1993 and the adoption of two consecutive International Decades of the World’s Indigenous People, beginning in 1995.17 In the same vein, the United Nations system has established a number of mechanisms with specific mandates to address the rights of indigenous peoples: • The United Nations Permanent Forum on Indigenous Issues18 held its first session in 2002. It is an advisory body to the Economic and Social Council and is mandated to discuss indigenous issues related to economic and social development, culture, the environment, education, health and human rights. The Permanent Forum is also mandated to, inter alia, promote coordination of activities related to indigenous issues across the United Nations system. 11 While ILO Convention No. 107 broke new ground, it promoted an assimilationist approach. In the years following its adoption, and in light of the Martinez Cobo Study and the discussions that took place at the sessions of the United Nations mechanism devoted to indigenous peoples (the Working Group on Indigenous Populations, 1982), the limitations of ILO Convention No. 107 became evident and indigenous peoples called for new international standards. In 1988 and 1989, the ILO drafted a new convention – ILO Convention No. 169 – which establishes a framework for the protection of indigenous peoples under international law. It has since provided a basis for the development of policies and programmes involving indigenous peoples by several international organizations. 12 “Study of the problem of discrimination against indigenous populations” (E/1982/34). 13 E/CN.4/Sub.2/1993/26. 14 Working group to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214, Commission on Human Rights resolution 1995/32. 15 Human Rights Council resolution 2006/2. 16 General Assembly resolution 40/131. The United Nations Voluntary Fund on Indigenous Populations was established to assist representatives of indigenous communities and organizations to participate in the deliberations of the Working Group on Indigenous Populations. The General Assembly has expanded the mandate of the Fund – in resolution 56/140, resolution 63/161 and resolution 65/198 – to assist representatives to participate in sessions of the Permanent Forum, the Expert Mechanism, the Human Rights Council and the human rights treaty bodies. 17 General Assembly resolution 48/163 established the first International Decade of the World’s Indigenous People (1995-2004), under the coordination of the United Nations High Commissioner for Human Rights. A second Decade (2005-2014) was established by resolution 59/174, under the coordination of the Under-Secretary General for Economic and Social Affairs. A Trust Fund was established respectively in 1995 and 2004 to fund projects and programme during both Decades. 18 Economic and Social Council resolution 2000/22. More information is available at http://social.un.org/index/IndigenousPeoples.aspx. 4 | Chapter 1: Background to the Declaration