By Les Malezer  

13 September 2007  

[... INTRODUCTION AND GREETINGS ...] 

The adoption of the Declaration on the Rights of Indigenous Peoples by  the United Nations marks a momentous and historic occasion for both  Indigenous Peoples and the United Nations.  

One quarter of a century ago the United Nations agreed that the  situation of indigenous peoples around the world was so desperate and  consistently exploited, that it warranted international attention.  

Within a few years of brief examination and assessment, the United  Nations decided that a human rights standard on the rights of  indigenous peoples was required.  

Simultaneously, the indigenous peoples of the world were uniting,  because of our increasing capacity to communicate to each other, but  also out of necessity to achieve an international voice. 

 Together we found out that Indigenous Peoples around the world shared a  common situation of loss of control of our lands, territories and  resources and a history of colonisation.  

The Declaration, as a deposition, represents a meeting of authorities,  i.e. the United Nations and the indigenous peoples.  

Today’s adoption of the Declaration occurs because the United Nations  and the Indigenous Peoples have found the common will to achieve this  outcome.  

The Declaration does not represent solely the viewpoint of the United  Nations, nor does it represent solely the viewpoint of the Indigenous  Peoples.  

It is a Declaration which combines our views and interests and which  sets the framework for the future.  

It is a tool for peace and justice, based upon mutual recognition and  mutual respect.  

We emphasise once again that the Declaration on the Rights of  Indigenous Peoples contains no new provisions of human rights. It  affirms many rights already contained in international human rights  treaties, but rights which have been denied to the Indigenous Peoples. 

 As Indigenous Peoples we now see a guarantee that our rights to self  determination, to our lands and territories, to our cultural  identities, to our own representation and to our values and beliefs  will be respected at the international level. 

 The Declaration is a framework for States to link and integrate with  the Indigenous Peoples, to initiate new and positive relations but this  time without exclusion, without discrimination and without  exploitation. 

 These rights in the Declaration are already recognised in international  law, but they are rights which have been denied to Indigenous Peoples  everywhere.  

They are rights which are seen by Indigenous Peoples as essential to  our successful survival, dignity and well-being, and to maintain our  strong cultural and spiritual relationship with mother earth and  nature.  

It has, after all, been our determination to defend our identity and  our lands, territories and resources which has helped to protect and  preserve the biological diversity of the world, the cultural diversity  of the world, and the environmental stability of the world.  

These are the very issues that governments are now so desperately  trying to address, as matters requiring of emergency, recovery actions.  

The Declaration carries a message for all States that have links and  association with Indigenous Peoples.  

That message is not about secession, as some States may fear, but about  co-operation and partnership to ensure that all individuals, regardless  of race or beliefs, are truly equal and that all peoples are respected and allowed to develop.  

Indigenous Peoples’ right to self-determination is about our right to  freely determine our political status and freely pursue our economic,  social and cultural development.  

It also includes our right to freely manage our natural wealth and  resources for mutual benefit, and our right to maintain and protect our  own means of subsistence. 

‘Free, prior and informed consent’ is what we demand as part of  self-determination and non-discrimination from governments,  multinationals and private sector. 

We realise that a number of States have insisted that the Declaration  affirm ‘territorial integrity’ (which by the way is not a human right)  as defined in the Declaration on Principles of International Law  concerning Friendly Relations and Co-operation among States and in the  Vienna Declaration. 

We confirm that ‘territorial integrity’ in fact obligates every State  to promote realization of the principle of equal rights and  self-determination of peoples, and to bring a speedy end to  colonialism, with due regard to the freely expressed will of the  peoples concerned. 

‘Territorial integrity’ also requires that a State represent the whole  people without distinction, and reaffirms that subjection of peoples to  alien subjugation, domination and exploitation constitutes a violation  of the principle, as well as a denial of fundamental human rights, and  is contrary to the Charter. 

The Declaration ensures treaties signed between Indigenous Peoples and  States are respected and honoured. This provision in the Declaration  is extremely important for Indigenous Peoples who have always placed  much importance upon the integrity and truthfulness of historical  treaties, for these treaties may contain special rights and economic  and political agreements with States. 

However it is important that we keep focus on the integrity of the  Declaration, noting how each article is meant to be interpreted in  conjunction with the entire Declaration, its principles and its  purposes. 

We are also assured by Article 46(3) that states: “The provisions set  forth in this Declaration shall be interpreted in accordance with the  principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.” 

Now that the Declaration has been adopted by the General Assembly,  Indigenous Peoples can reasonably expect that the States will, if they  do not already have such a relationship, form a collaborative and cooperative relationship with the representatives of the indigenous  peoples to ensure that the rights contained in the Declaration are  protected and promoted. 

In 2004 the General Assembly resolution 59/174 called upon Governments  to ensure that activities and objectives for the Second Decade [of indigenous peoples] are  planned and implemented on the basis of full consultation and  collaboration with indigenous people. 

The programme of action, approved by consensus by the General Assembly  in December 2005, urged governments to launch a review of national  legislations to eliminate possible discriminatory provisions with the  full and effective participation of indigenous experts. 

The Programme of Action recommends that national constitutions should  recognize the existence of indigenous peoples and make explicit  reference to them, where relevant, and that governments should consider  integrating traditional systems of justice into national legislations  in conformity with international human rights law and international  standards of justice. 

This is the challenge for the future. 

With a Declaration now in place, affirming the rights of Indigenous  Peoples, it will be important that States respond positively. 

The Declaration gives us the platform for addressing the continuing  abuses of human rights against Indigenous Peoples and for shaping a  future where it can be realised that all peoples are truly equal.