Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights KEY QUESTIONS • What are formal and de facto forms of discrimination? • Why is there a need to adopt special measures for indigenous peoples? • What is indigenous culture? • How do collective rights differ from individual rights? • Why are collective rights important for indigenous peoples? 1. THE RIGHT TO EQUALITY AND NONDISCRIMINATION Non-discrimination and equality are fundamental components of international human rights law and essential to the exercise and enjoyment of civil, political, economic, social and cultural rights. The Committee on the Elimination of Racial Discrimination has clarified that the term “non-discrimination” does not signify the necessity of uniform treatment when there are significant differences in the situation between one person or group and another, or, in other words, if there is an objective and reasonable justification for differential treatment.35 It is important that States take into consideration the special characteristics of indigenous peoples in applying the principle of non-discrimination in their law and practice. The Declaration provides that indigenous peoples and individuals are free and equal to all other peoples and that indigenous individuals have the right to be free from any kind of discrimination in the exercise of their rights.36 It specifically calls on States to take measures to combat prejudices and eliminate discrimination; promote good relations between indigenous and non-indigenous people; and provide effective mechanisms for the prevention of, and redress for, any form of propaganda designed to promote or incite racial or ethnic discrimination directed against indigenous peoples.37 The right to equality and non-discrimination requires that States combat both formal and substantive or de facto forms of discrimination. The elimination of formal discrimination may require that a State’s constitution, legislation, regulations or policies do not discriminate against indigenous peoples. The elimination of de facto discrimination requires States to implement laws and policies that facilitate substantive equality for indigenous peoples in the enjoyment of their rights. The obligation to eliminate 35 General recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination. 36 Article 2. 37 Article 15 (2). Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights | 9