More efforts required to for the full realization of the UN Declaration on the Rights of Indigenous Peoples, ASG Brands Kehris tells the Human Rights Council

Laws, policies, judicial decisions and other measures taken by States
to achieve the ends of the United Nations Declaration on the rights of Indigenous Peoples 

Madam Vice-President,
Members of the Human Rights Council, distinguished panellists,
Excellencies, colleagues, and friends,

I extend a warm welcome to all of you as we convene for the Human Rights Council's annual panel discussion on the rights of Indigenous Peoples. I am honored to open this panel focused on laws, policies, judicial decisions and other measures that States have taken, consistent with article 38 of the United Nations Declaration on the Rights of Indigenous Peoples, to achieve the ends of the Declaration. 

The Declaration is the most comprehensive international instrument on the rights of Indigenous Peoples. Adopted by the General Assembly almost two decades ago, it affirms a broad range of fundamental rights of Indigenous Peoples, clearly showing the commitment to these rights by UN Member States. 

The Declaration starts from the consideration of the historic injustices suffered by Indigenous Peoples, including colonization and dispossession of their lands, territories and resources. It provides crucial guidance to States to remedy those injustices and promote harmonious and cooperative relations with Indigenous Peoples, based on the principles of justice, democracy, respect for human rights, non-discrimination, and good faith.

The Declaration describes States’ human rights obligations towards Indigenous Peoples by elaborating on existing human rights standards as they apply to the specific situation of Indigenous Peoples. It establishes a universal framework of minimum standards for their survival, dignity and well-being.

Nonetheless, seventeen years since the Declaration’s adoption, more and enhanced efforts are required to promote its full realization. 

As highlighted in a recent report of the High Commissioner for Human Rights, Indigenous Peoples continue to face dire obstacles to the full enjoyment of the rights enshrined in the Declaration. 

A key challenge is the issue of recurrent violations to their right to free, prior and informed consent, especially in the context of development and investment projects. This often has related negative impacts on their rights to a clean, healthy and sustainable environment and on their economic, social, and cultural rights, with Indigenous women and youth particularly affected.  

These violations often take place in contexts characterised by the inadequate recognition of Indigenous Peoples’ rights to their land, territories and resources, as well as of their rights to autonomy, self-governance, and participation, amongst many other rights embodied in the Declaration. 

Madam Vice-President,

The topic of today’s panel is particularly significant as it aims to analyse the laws, policies, judicial decisions and other measures that States have adopted to realise the Declaration, measuring their impact on Indigenous Peoples’ enjoyment of their rights, and evaluating cooperation with Indigenous Peoples in the design and implementation of these laws and policies. It also aims to identify additional steps that should be undertaken to convert the letter and the spirit of the Declaration into reality. 

Achieving the ends of the Declaration means translating the plethora of different rights and principles that it embodies into a concrete improvement in the daily lives of Indigenous Peoples. This requires a renewed commitment to Indigenous Peoples by undertaking a comprehensive program of legal, policy and institutional reforms involving all the levels of the State.

 Adopting new laws or amending existing legislation represents an important first step. Some States still do not recognise the existence of Indigenous Peoples in their territories and deny them all collective rights. In other cases, the Declaration has inspired the drafting of constitutional norms that establish important guarantees for Indigenous Peoples’ rights. Nonetheless, often those constitutional norms are not respected or event contradicted by legislation or public policy. 

Moreover, as stressed by different international human rights mechanisms, legal reforms alone are not sufficient to bring about the changes required by the Declaration. There are numerous examples of specific laws adopted to protect Indigenous Peoples’ rights that have not resulted in significant changes in their everyday lives. 

Targeted policy measures and institutional adjustments will be most effective when they are part of a broader strategy to further the implementation of the Declaration, instead of fragmented or ad hoc initiatives. Policy reforms should be part of a comprehensive action plan to achieve the ends of the Declaration, with clear indicators and expected results, on which progress should be made periodically public.

Moreover, these efforts should be conceptualised, developed and monitored in collaboration with Indigenous Peoples. Consistent dialogue with and involvement of Indigenous Peoples in decision-making, including in the phase of design, implementation, monitoring, and evaluation of the measures put in place will ensure their efficacy. 

Any law, policy or any other decision taken and not meaningfully discussed with Indigenous Peoples is likely to fail to address their real needs, does not comply with the standards set in the Declaration that it intends to operationalise, and may ultimately even violate their rights. 

Madam Vice-President,

At times, collaboration between States and Indigenous Peoples in recognition of their rights to self-determination, self-governance, and participation, has resulted in treaties, constructive arrangements, and other agreements at the national or local level. When enforced and respected, these agreements can serve as an important foundation for enhanced partnership between States and Indigenous Peoples.

Most of the measures taken by the States to implement the Declaration are the result of years of tireless effort by Indigenous Peoples to assert and claim their rights, including by pursuing legal avenues. 

This has led to an increasing number of judicial decisions by regional and national courts that apply the Declaration. These decisions can inform domestic legislation and influence adjudication of Indigenous Peoples’ rights at the national level.  

Similarly, the UN treaty bodies have frequently referred to the Declaration to interpret relevant provisions of human rights treaties in matters involving Indigenous Peoples.  

Nonetheless, serious challenges to the implementation of judicial decisions by concerned authorities remain. This implementation gap, with broad discrepancies between measures officially established to promote Indigenous Peoples’ rights and the reality on the ground, represents a central problem for the realisation of the Declaration. 

Madam Vice-President,

To conclude, allow me to stress that renewed commitment by States is required to ensure Indigenous Peoples’ rights as a priority that translates into concrete and coordinated actions. To achieve the goals of the Declaration, States should adopt a holistic approach towards its realisation. This implies avoiding fragmented initiatives and developing wide-ranging and well-planned strategies in collaboration with Indigenous Peoples.  

Those strategies should encompass adequate constitutional, legal, policy and institutional reforms, plans for the full implementation of judicial decisions restoring Indigenous Peoples’ rights, the establishment of constructive agreements with them as well as adequate mechanisms to monitor the results achieved and adjustments still needed. 

Thank you, and I wish you a fruitful discussion.