The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions This has been reaffirmed in the Declaration. Article 33 states that, “indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions.” ILO Convention No. 169 also asserts that self-identification as indigenous is a “fundamental criterion for determining the groups”33 which are indigenous. It is important that an understanding of self-identification informs the practice of NHRIs. This is particularly important in States where Governments do not recognize the legitimate claims of a people as indigenous. Regardless of the controversy around issues of definition, human rights issues facing indigenous peoples should be addressed. Part II of this Manual provides examples of NHRIs’ engagement in situations where Governments do not embrace the rights of indigenous peoples or do not recognize the existence of indigenous peoples. The absence of a formal definition should not constitute an obstacle in addressing the human rights issues affecting indigenous peoples.34 Bangladesh abstained from voting on the Declaration. Explaining its position after the vote, it stated that the Declaration contained some ambiguities, particularly that “indigenous people” had not been identified or explicitly defined in any way. In 2009, the National Human Rights Commission of Bangladesh was established. Active lobbying on the human rights issues of Adivasis (indigenous peoples) is a core part of the Commission’s five-year strategic plan. The Commission is in a position to provide a strong voice and raise the profile of indigenous peoples’ human rights issues.34 KEY POINTS: CHAPTER 1 • Indigenous peoples have unique and distinctive cultures, languages, legal systems and histories. Most have a strong connection to the environment and their traditional lands and territories. They also often share legacies of removal from traditional lands and territories, subjugation, destruction of their cultures, discrimination and widespread violations of their human rights. • After decades of obtaining little or no attention from the international community, indigenous peoples have increasingly gained visibility and successfully made their voices heard at international forums. • The Martinez Cobo Study helped to build the foundations for the modern indigenous international human rights system. • The Declaration is the most comprehensive instrument on the rights of indigenous peoples. • The United Nations system has not developed a strict definition of “indigenous peoples”, as such a definition may not be workable in all contexts and may be over-inclusive or under-inclusive. • Self-identification is a key criterion for determination of a group of peoples or an individual as indigenous. 33 Article 1 (2). 34 National Human Rights Commission of Bangladesh, Strategic Plan of the National Human Rights Commission 2010–2015; available at www.nhrc.org.bd. 8 | Chapter 1: Background to the Declaration