Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation Wide-view of the 61st session of the General Assembly, 13 September 2007. UN Photo/Paulo Filgueiras. A number of additional factors add weight to the importance of the Declaration and its potential to influence human rights norms: • At the time of its adoption, the Declaration was supported by most States, with only four voting against it (Australia, Canada, New Zealand and the United States of America) and 11 abstentions.157 The four States who voted against the Declaration have all since reversed their position. This worldwide support indicates an international consensus on the normative expression of the rights of indigenous peoples in a way that is coherent with existing international human rights standards. The consistent reference to the Declaration in the universal periodic review (UPR) process further highlights this international consensus.158 • The drafting of the Declaration extended over a period of 20 years. During this time, both indigenous peoples and States were actively involved in what a number of States described as “negotiations”.159 Consequently, the Declaration is evidence of the common ground between the indigenous peoples of the world and United Nations Member States.160 As the Special Rapporteur on the rights of indigenous peoples has noted, the advocacy and participation of indigenous peoples over decades gives a high degree of legitimacy to the Declaration and the norms contained within it “substantially reflect indigenous peoples’ own aspiration”.161 • It is increasingly argued that aspects of the Declaration already form part of customary international law.162 157 “General Assembly adopts Declaration on the Rights of Indigenous Peoples; ‘Major step forward’ towards human rights for all, says President, 61st session of the General Assembly, 107th and 108th Plenary Meeting” (GA/10612), 13 September 2007. 158 See, for example, A/HRC/12/8/Add.1, para. 6; and A/HRC/11/17, para. 86 and recommendations 45 and 52. 159 E. Voyiakis, “Voting in the General Assembly as Evidence of Customary International Law?” in Reflections on the UN Declaration on the Rights of Indigenous Peoples, 216. 160 E/C.19/2009/14, annex, para. 9. 161 A/65/264. 162 E/C.19/2009/14, annex, paras. 6-13; and J. Anaya and S. Wiessner, “OP-ED: The UN Declaration on the Rights of Indigenous Peoples: Towards Re-empowerment” in Jurist, 3 October 2007, available at http://jurist.org/forum/2007/10/un-declaration-onrights-of-indigenous.php. Chapter 5: The implementation of the Declaration | 39