UN Declaration of Indigenous Rights

Yesterday the General Assembly of the United Nations adopted a landmark declaration outlining the rights of the world’s estimated 370 million indigenous people and outlawing discrimination against them – a move that followed more than two decades of debate. Unfortunately, there were four votes against this declaration and they are not coincidentally countries with sizeable Indigenous populations. The four countries that voted against the Declaration are Australia, Canada, New Zealand and the United States. What reasons were given by these four nations for casting their votes against a declaration that was supported by 143 Member states?

Well, here is the rather lame excuse from Ambassador John McNee of Canada gave for voting against this land mark Declaration: Canada "had 'significant concerns' about the language in the document." He went on to remark that "the provisions on lands, territories and resources 'are overly broad, unclear and capable of a wide variety of interpretations' and could put into question matters that have been settled by treaty."

Mr. McNee also said that "the provisions on the need for States to obtain free, prior and informed consent before it can act on matters affecting indigenous peoples were unduly restrictive, and he also expressed concern that the Declaration negotiation process over the past year had not been 'open, inclusive or transparent.'" It is more that a little bit ironic that the four countries that have among them over 4 million Indigenous people voted against a non-binding declaration whose primary purpose is the "promotion and protection of human rights and fundamental freedoms for all."

The Declaration does however set a high standard for the treatment of Indigenous people and serves to reinforce "both individual and collective rights; cultural rights and identity; rights to education, health, employment, language, and others. It outlaws discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them. It also ensures their right to remain distinct and to pursue their own visions of economic, social and cultural development. The Declaration explicitly encourages harmonious and cooperative relations between States and Indigenous Peoples."

Here's a link to the full-text of the Declaration of the Rights of Indigenous Peoples.

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