A historic United Nations declaration concerning the rights of indigenous peoples was adopted yesterday. This document, which from its first inception took over twenty years to gain approval, is a strong statement affirming the basic rights of indigenous populations to self-determination and freedom from human rights abuses.

“The declaration affirms the equality of the more than 370 million indigenous peoples and their right to maintain their own institutions, cultures and spiritual traditions. It also establishes standards to combat discrimination and marginalization and eliminate human rights violations against them.”

Perhaps unsurprisingly, the only four countries to vote against the declaration (143 for, 11 abstentions) were Canada, the United States, Australia, and New Zealand. Four countries that have troubled legal and moral histories with their own indigenous populations.

“Several detractors also warned that the declaration set a poor precedent, calling the text confusing and unclear. “We’re not standing against the issue,” said Benjamin Chang, a spokesman for the U.S. Mission to the U.N. “We want one that is universal in its scope and can be implemented. What was done today is not clear. The way it stands now is subject to multiple interpretations and doesn’t establish a clear universal principal.” Australia’s U.N. Ambassador Robert Hill said the declaration failed to meet standards “that would be universally accepted, observed and upheld.” He said “Australia continues to have many concerns with the text.” The U.S. and Australia said sponsors excluded them from negotiations where agreement was reached on the amended text.”

Yes, I can see how ensuring minimum standards of human rights for indigenous populations could be “confusing” to nations with a history of treating indigenous peoples as sub-human. But while some countries grouse over their “concerns” with the document, a mood of jubilation was evident among indigenous peoples and their supporters.

“Botswana Bushman Jumanda Gakelebone of First People of the Kalahari said today, ‘We would like to say that we are really very happy and thrilled to hear about the adoption of the declaration. It recognises that governments can no longer treat us as second-class citizens, and it gives protection to tribal peoples so that they will not be thrown off their lands like we were.’ Kiplangat Cheruiyot of Kenya’s Ogiek tribe said today, ‘With the adoption of the declaration, the lives of indigenous peoples will be improved on an equal footing with the rest of world citizens.’”

In addition to addressing issues of territory and racism, the document also enshrines the basic right to religious integrity.

“Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.”

I for one welcome this landmark declaration, and hope it is only the beginning towards redressing the gross injustices perpetrated on indigenous and Native peoples around the world. One hopes this declaration will move steadily towards becoming binding International Law*.

Further coverage: Indianz, BBC, Xinhua, Crosswalk, IWGIA, Toronto Star, AFP, Inner City Press, NewstalkZB, Indian Country, Truthdig

* It should be noted that this declaration isn’t binding, and the UN can’t legally “force” any country to comply with its language. It, like the Universal Declaration of Human Rights, is an aspirant document that attempts to set a basic standard for the behavior of member-countries. At best documents of this nature can be used to set standards for future law and to bring censure and diplomatic pressure against member countries violating the declaration.

Tags: Declaration on the Rights of Indigenous Peoples, indigenous, Native American, politics, Religion, United Nations