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United Nations Adopts Indigenous Rights Declaration

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by Brad Jolly, Partner

September 14, 2007

After 20 years of negotiations and three decades of drafts, on September 13, the United Nations General Assembly voted 143 to 4 to adopt the Declaration of Rights of Indigenous Peoples. The only countries voting against the Declaration were the United States, Canada, New Zealand, and Australia. Eleven countries abstained from voting.

The Declaration is non-binding, but sets forth major rights for indigenous peoples throughout the world, including rights of self-determination, to be free from discrimination, and to maintain their cultures, societies, languages, and spiritual practices. In particular, the Declaration provides that "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired." It also provides that laws affecting indigenous peoples cannot be enacted without their consent and that indigenous peoples "have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions."

The United States' vote against the Declaration was more than predictable and expected since it has consistently opposed any international law declarations affording rights to indigenous peoples, including decolonization. Canada's vote, on the other hand, was a change made by its new conservative government. Canada's former liberal government had intended to support the Declaration in accordance with Canada's dedication to human rights. Canada's change of position is a serious blow to its human rights legacy.

Although the Declaration is non-binding, it is expected to have an impact in legislation and court decisions in numerous countries. In addition, the Declaration is expected to eventually become a convention and, then, binding international law.

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