A/HRC/60/29 10. The Declaration does not provide special or new rights to Indigenous Peoples. Rather, it reformulates and codifies universal human rights, as enshrined in numerous legally binding human rights instruments, contextualizing them to the circumstances of Indigenous Peoples. It is a remedial instrument, aimed at ensuring that Indigenous Peoples can fully enjoy the range of universal human rights to which they are equally entitled. The obligation of States to recognize Indigenous Peoples, therefore, also has its basis in international human rights conventions. 11. Indigenous Peoples are recognized as “peoples” in international law, and as such are entitled to the right to self-determination, guaranteed by common article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Under article 1, by virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development. Correspondingly, under article 2 (2) of both the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, States are required to adopt laws and other measures to give effect to the rights recognized in those instruments. 12. The treaty bodies have further elaborated on the status of Indigenous Peoples in international law. They have underlined that Indigenous Peoples should be recognized as holders of the rights to cultural integrity,3 to effective participation in decision-making,4 to lands and to way of life as a manifestation of culture,5 not to be forcibly displaced6 and to intergenerational cultural integrity.7 13. The Human Rights Committee has recalled that measures should be taken to ensure that Indigenous Peoples can effectively participate in decisions of concern to them, and, specifically, that it is of vital importance that measures that compromise or interfere with the culturally significant economic activities of an Indigenous community are taken with the free, prior and informed consent of the members of the community. 8 14. The same Committee has further affirmed that, in the case of Indigenous Peoples, the notion of “home”, under article 17 of the International Covenant on Civil and Political Rights, should be understood within the context of the special relationship that Indigenous Peoples have with their traditional territories and of their way of life. 9 In a landmark case against Australia, concerning the impact of climate change on the Torres Strait Islander people, the Committee found that the right to culture and family life was deeply tied to the land and environment, and the State’s inaction had constituted a breach of its obligations under the Covenant.10 15. Under the International Convention on the Elimination of All Forms of Racial Discrimination, States are required to recognize Indigenous Peoples as affected by structural discrimination that is to be addressed through special measures. 11 The Committee on the Elimination of Racial Discrimination has constantly reminded States of their obligations to recognize Indigenous Peoples as holders of the rights to self-determination, lands, autonomy and many others. In its general recommendation No. 23 (1997), the Committee called upon States Parties to recognize and protect the rights of Indigenous Peoples to own, develop, control and use their communal lands, territories and resources. Furthermore, the Committee has reaffirmed that it adheres to the human rights-based approach of free, prior and informed 3 4 5 6 7 8 9 10 11 GE.25-12002 See Human Rights Committee, Länsman et al. v. Finland (CCPR/C/52/D/511/1992). See Human Rights Committee, general comment No. 23 (1994). See Human Rights Committee, Lubicon Lake Band v. Canada (CCPR/C/38/D/167/1984). See Human Rights Committee, 269 members of the Maya K’iche’, Ixil and Kaqchikel peoples v. Guatemala (CCPR/C/143/D/4023/2021-4032/2021). Ibid. Human Rights Committee, Oliveira Pereira et al. v. Paraguay (CCPR/C/132/D/2552/2015), para. 8.7. Ibid., paras. 8.2 and 8.3. See Human Rights Committee, Billy et al. v. Australia (CCPR/C/135/D/3624/2019). See art. 2 (2). 3