A/HRC/60/29
seek redress for historical injustices, loss of or threat to their ancestral lands, and
marginalization that threatens their cultural identities and livelihoods.
42.
A previous Special Rapporteur concluded that there were particular groups that
distinguished themselves from the broader populations of the Asian countries and that fell
within the scope of the international concern for Indigenous Peoples as it had developed
throughout the United Nations system and in connection with his mandate, including those
referred to as “tribal peoples”, “hill tribes”, “scheduled tribes” or “Adivasis”. 36 Another
previous Special Rapporteur noted that some nation States had forcibly integrated territories
of Indigenous Peoples or included them as part of their territorial claims, and she concluded
that in Asia, modern nation State-building had contributed to the creation of Indigenous
Peoples.37
43.
The Asian Development Bank considers the term “Indigenous Peoples” to be a generic
concept that includes cultural minorities, ethnic minorities, Indigenous cultural communities,
tribal peoples, natives and aboriginals.38 The majority of Asian countries voted in favour of
the Declaration, and none voted against it.39
2.
Recognizing Indigenous Peoples as a specific group of rights holders under
international law
44.
The recognition by States of Indigenous Peoples as a specific group of rights holders
under international law is the first step towards the full implementation of their rights. 40
However, the rights of Indigenous Peoples do not derive from States’ recognition. Indigenous
Peoples’ rights are inherent rights, which derive from their political, economic and social
structures and from their cultures, spiritual traditions, histories and philosophies, especially
their rights to their lands, territories and resources. 41 Refusal by States to recognize
Indigenous Peoples, or denial by States of their existence, does not take away these rights,
but does negatively affect States’ ability to protect them.
45.
The adoption of the Declaration by the General Assembly in 2007 marked a historic
recognition of Indigenous Peoples as subjects of international law. It is indeed a further
important step forward for the recognition, promotion and protection of the rights and
freedoms of Indigenous Peoples. 42 In article 38, the Declaration stipulates that States, in
consultation and cooperation with Indigenous Peoples, must take the appropriate measures,
including legislative measures, to achieve the ends of the Declaration. This requirement for
active recognition through appropriate measures is mirrored in the ILO Indigenous and Tribal
Peoples Convention, 1989 (No. 169), which calls for coordinated and systematic action by
Governments to protect Indigenous Peoples’ rights, including through legislative and other
measures and supervision of the application of such measures, in cooperation with the
Indigenous Peoples concerned.
46.
In practical terms, recognition by States of Indigenous Peoples involves incorporating
their status, as defined by international law, into domestic legal frameworks. Such
incorporation could consist of one or few straightforward legal provisions. Alternatively, it
could involve reproducing the fundamental rights of Indigenous Peoples in the domestic legal
framework.
36
37
38
39
40
41
42
GE.25-12002
A/HRC/24/41/Add.3, paras. 6 and 7.
Victoria Tauli-Corpuz, “The concept of Indigenous Peoples at the international level: origins,
development and challenges”, in The Concept of Indigenous Peoples in Asia: A Resource Book,
Christian Erni, ed. (Copenhagen, International Work Group for Indigenous Affairs; Chiang Mai, Asia
Indigenous Peoples Pact Foundation, 2008), p. 81.
Asian Development Bank, “Operations manual: Bank policies – Indigenous Peoples”, 13 May 2004.
Available at https://www.ppiaf.org/sites/ppiaf.org/files/documents/toolkits/Cross-BorderInfrastructure-Toolkit/CrossBorder%20Compilation%20ver%2029%20Jan%2007/Resources/ADB%20%20Safeguard%20Indigenous%20Peoples.pdf.
Only Bangladesh abstained from voting for the Declaration.
Anaya, “The rights of Indigenous Peoples to self-determination in the post-Declaration era”, p. 192.
Declaration, preamble.
Ibid., preamble.
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