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The significance of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) on 13 September 2007 for the world's 370 million indigenous peoples cannot be underestimated. The development of the Declaration can be traced back to a pivotal gathering of indigenous peoples at the UN in Geneva in 1977, which opened the ears of the international community to the need for additional, specifically defined forms of recognition for indigenous peoples that would bring an end to the normative protection gap in international human rights law. What followed was more than 20 years of discussion and negotiation through five separate bodies within the UN human rights system to finally produce the Declaration.
The Human Rights Council resolution adopting the Declaration and requesting the General Assembly to do the same was adopted by 30 votes in favour, two against (Canada and the Russian Federation) and 12 abstentions.
Despite the often frustrating and arduous journey, the integrity of the text withstood numerous and sustained efforts by a minority of States to weaken it. In the end, the Declaration was supported by 143 States in the General Assembly as well as the Indigenous Peoples’ Global Caucus, the Permanent Forum on Indigenous Issues, and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, to name only a few.
Since 2007, support for the Declaration has grown amongst governments. Of the four States that voted against its adoption in the General Assembly, Australia and New Zealand have reversed their position and expressed support. The other two States, the US and Canada, have announced they are reviewing their position and intend to undertake consultations with indigenous peoples to inform their future stance on the Declaration. Of the eleven States that abstained from the vote, Colombia and Samoa have since come out in the support of the Declaration.
Further reading
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