A/HRC/9/9
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19. This section provides a brief synthesis of the sources and general content of existing
international standards that affirm and promote the rights of indigenous peoples. These sources
include, in addition to the Declaration, international instruments not specific to indigenous
peoples and human rights norms of general applicability, especially as applied by authoritative
human rights bodies and mechanisms when addressing indigenous issues, and the International
Labour Organization conventions concerning indigenous peoples.3
A. Instruments not specific to indigenous peoples and
human rights norms of general applicability
20. To be sure, indigenous individuals and peoples hold the same rights that are recognized to
all individuals and peoples. Article 1 of the Declaration explicitly restates this basic principle, by
affirming that “indigenous peoples have the right to the full enjoyment, as a collective or as
individuals, of all human rights and fundamental freedoms as recognized in the Charter of the
United Nations, the Universal Declaration of Human Rights and international human rights law”.
From this perspective, all general human rights principles and norms apply equally to indigenous
peoples, and are to be interpreted and applied with regard to the specific historical, cultural,
social and economic circumstances of these peoples.
21. This approach has long been taken by international bodies and mechanisms in their
authoritative interpretation of universal or regional instruments and human rights norms of
general applicability. United Nations treaty bodies have significantly contributed to the common
normative understanding of the rights of indigenous peoples in their application of the human
rights treaties to which they respectively are attached. They have done so through evaluation of
State party reports, complaint procedures, or issuance of interpretive comments or
recommendations.
22. Since the late 1980s, the Human Rights Committee has taken a leading role in developing a
body of jurisprudence concerning the rights of indigenous peoples under several provisions of
the International Covenant on Civil and Political Rights (ICCPR), including the rights to privacy
and to family, and, especially, the rights of persons belonging to ethnic, religious or linguistic
minorities. The Committee’s general comment No. 23 (1994) on article 27 of ICCPR advances a
broad interpretation of the international norm of cultural integrity in the context of indigenous
peoples, understanding that norm to encompass all aspects of indigenous culture including rights
3
An initial survey of the international and domestic standards regarding the rights of indigenous
peoples was provided by the first report of the Special Rapporteur to the Commission on
Human Rights. E/CN.4/2002/97, paras. 6-33. This survey was subsequently supplemented by the
Special Rapporteur, with a particular emphasis on processes of domestic legal and constitutional
reform, judicial decisions, and the practice of international human rights bodies. See
E/CN.4/2006/78, paras. 7-13.