UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

1. Adil ka’ Talino, Bacuramin ka’ Saruga, Basengat ka’ Jubata UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES Simon Pabaras Aliansi Masyarakat Adat Nusantara/AMAN

2. Historical Background: • 1982 - The establishment of UN Working Group on Indigenous Populations (WGIP). Drafting the Declaration from 1984 – 1993. • 1995 – Working Group on the Draft Declaration (WGDD) was formed under the Sub-Commission on Human Rights. • June 2006 – UN Human Rights Council (HRC) adopted the Draft Declaration. • September 13, 2007 – UN General Assembly (GA) adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

3. Content: • 24 preamble paragraphs • 46 operational articles

4. 24 Preamble paragraphs: • Statements of historical reference and reiterations of international instrument that uphold the fundamental rights of indigenous peoples. • It contains references to existing international human rights standards and basic principles of international law, the charter of United Nations, the ICESCR, the ICCPR, the ICERD and the principle on the equal application of the rights of self-determination to all peoples. • Concerned that indigenous peoples have suffered from historic injustice. • Recognizes that respect for indigenous peoples’ knowledge, cultural and traditional practices contribute to sustainable development and to the protection of the environmental.

5. 46 Operational Articles: Divided into 10 parts: • Part 1 (art. 1 to 5): general principles, including the recognition of the rights to self-determination. • Part 2 (art. 6 to 11): affirm the right of every individual among the indigenous peoples to a nationality, as well as the rights of indigenous peoples to physical existence, integrity and security, and to full guarantees against genocides, forced population transfer, and dislocation, and against the removal of indigenous children from their families and communities. (FPIC in the matter of relocation)

6. Cont’d 46 operational articles • Part 3 (art. 12 to 14):Proclaims the rights connected with the cultural, spiritual and linguistic identity of indigenous peoples. • Part 4 (art. 15 to 16): Enumerates rights related to education and information, such as the right to set up indigenous educational institutions ; the right of access to education in indigenous languages and cultures; the right of access to mass media; the right to appropriate portrayal of indigenous culture in such media. • Part 5 (art. 17): is about international labour law and national labour legislation concerning standards and guarantees against child labour and other violations of labour standards.

7. Cont’d 46 operational articles • Part 6 (art. 18 to 24): Enumerates various rights related to decision-making and development without discrimination. • Part 7 (art. 25 to 34): deals with right to lands, territories and the resources. The principle of FPIC regarding project affecting indigenous lands and other resources is reiterated. Military activities are prohibited from the lands and territories of indigenous peoples unless justified by a significant threat to public interest, or freely agreed to or requested by indigenous peoples concerned. • Part 8 (art. 35): upholds the right of indigenous peoples to define the responsibilities of individuals to their communities.

8. Cont’d 46 operational articles • Part 9 (art. 36 to 37): deals with the right of indigenous peoples across borders, and relation to states with whom they have forged treaties. • Part 10 (art. 38 to 46): deals with the obligation of states to take effective and appropriate measures in order to achieve the purposes of the Declaration. It also specifies the right to access the financial and technical assistance from states and international corporation; right to have access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes states or other parties. • Art 41 & 42: Obligation UN Organs, Specialized Agencies, Inter-Govt Orgs– including PFII to promotes respect for, full application of, and follow-up on the effectiveness of the Declaration., including the UNPFII.

9. Thematic Areas: • It is also possible to divide it into provision regarding particular thematic areas, such as: • Self-Determination and self-governance • Lands, territories and resources • Free, Prior and Informed Consent • Development • Cultural right, Health, Education

10. Implementation • Education and Awareness Raising among Indigenous Peoples, Governments Institutions and legislatures. • IPs: Active participation and lobby for the implementation at National Level (UN Agencies, Inter-Govt. Institutions) • Development: Full Participation and Evaluation (HRBA) of National Development Strategy and Policies.

11. TerimaKasih!Thank You!