The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions Introduction for users This Manual aims to support and strengthen the work of national human rights institutions (NHRIs) – whether they are human rights commissions or ombudsman offices – in the promotion, protection and enjoyment of the rights of indigenous peoples, especially NHRIs that are established in accordance with the Paris Principles.1 It is designed to assist these institutions learn about the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) by providing a broad understanding of the legal nature of the rights it contains, as well as the relevant obligations of States, in order to ensure that indigenous peoples’ rights are fully realized. We hope that the information provided will also be useful to indigenous community leaders and other stakeholders on how to make use of the NHRIs that operate in the countries in which they live. BACKGROUND The publication of this Manual reflects the conclusions reached at the 14th Annual Meeting of the Asia Pacific Forum of National Human Rights Institutions (APF), where it was agreed that APF member institutions would work in partnership to develop a toolkit to promote greater understanding and implementation of the Declaration.2 This Manual also supports the strategies for future action outlined in the outcomes of the International Meeting on the Role of National Human Rights Institutions in Promoting the Implementation of the United Nations Declaration on the Rights of Indigenous Peoples, held in Bangkok in December 2009.3 The recommendations from this meeting outlined a range of strategies that clearly articulated the critical role of NHRIs in the promotion and protection of indigenous peoples’ human rights at the national and local levels. Specifically, it was noted that NHRIs, in conjunction with the Office of the United Nations High Commissioner for Human Rights (OHCHR), should cooperate to provide user-friendly toolkits, adapted to local and regional contexts, to assist local and national implementation of the Declaration. RATIONALE Despite some positive developments, most of the world’s indigenous peoples continue to face impediments to the full enjoyment of their individual and collective human rights: Indigenous peoples are more likely to receive inadequate health services and poor education – if any at all. Economic development plans often bypass them or do not take into sufficient consideration their views and particular needs. Other decision-making processes are often equally contemptuous of or indifferent to their contribution. As a result, laws and policies designed by majorities with little regard to indigenous concerns frequently lead to land disputes and conflicts over natural resources that threaten the way of life and very survival of indigenous peoples.4 1 General Assembly resolution 48/134. Further information on the Paris Principles is available at www.asiapacificforum.net/ members/international-standards. 2 APF, Forum Councillor Meeting – Outcomes, 14th Annual Meeting, Amman, Jordan, 3-6 August 2009; para. 13. 3 OHCHR, Note on the outcome of the International Meeting on the Role of National Human Rights Institutions in Promoting the Implementation of the United Nations Declaration on the Rights of Indigenous Peoples, Bangkok, Thailand, 16-17 December 2009. 4 Navanethem Pillay, United Nations High Commissioner for Human Rights, opinion piece for the International Day of the World’s Indigenous Peoples, 9 August 2009. Introduction for users | v