UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
  • Context: Indigenous communities worldwide are increasingly asserting spiritual and cultural rights over sacred mountains, challenging scientific, military, and nationalistic pursuits. 

  • Important Pointers:  

  • Adoption Year: Adopted by the UN General Assembly in 2007 after over 20 years of negotiation. 

  • Voting Outcome: Passed with 144 votes in favour, 4 against (Australia, Canada, New Zealand, USA), and 11 abstentions. 

  • Drafting History: Drafting began in 1982 with the formation of the UN Working Group on Indigenous Populations. 

  • Legal Nature: It is a non-legally binding declaration providing a moral and political framework. 

  • Self-determination: Affirms Indigenous peoples' right to determine their political status and development paths. 

  • Institutional Autonomy: Recognizes their right to maintain and strengthen distinct political, legal, and cultural institutions. 

  • Cultural Rights: Emphasizes the right to preserve and develop cultural heritage, knowledge, and expressions. 

  • Land Rights: Affirms rights to traditional lands, territories, and resources. 

  • Non-discrimination: Ensures protection from discrimination based on Indigenous origin or identity. 

  • Decision-making Participation: Upholds their right to participate in decisions affecting their rights via chosen representatives. 

  • Educational Rights: Recognizes their right to establish and control educational systems in their own languages. 

  • Complementary Instruments: Complements ILO Convention 169 and CBD Article 8(j) on indigenous rights. 

  • India’s Stand: India voted in favour of UNDRIP, affirming support but clarified that the term “Indigenous peoples” is not applicable as all Indians are considered Indigenous.