A/HRC/21/47/Add.1
V. The significance of the Declaration on the Rights of
Indigenous Peoples
79.
The United Nations Declaration on the Rights of Indigenous Peoples stands as an
important impetus and guide for measures to address the concerns of indigenous peoples in
the United States and to move toward reconciliation. An authoritative instrument with
broad support, the Declaration marks a path toward remedying the injustices and
inequitable conditions faced by indigenous peoples, calling on determined action to secure
their rights, within a model of respect for their self-determination and distinctive cultural
identities.
80.
The Declaration represents a global consensus among Governments and indigenous
peoples worldwide that is joined in by the United States as well as by indigenous peoples in
the country. It was adopted by the General Assembly with the affirmative votes of an
overwhelming majority of United Nations Member States amid expressions of celebration
by indigenous peoples from around the world. At the urging of indigenous leaders from
throughout the country, the United States declared its support for the Declaration on 16
December 2010, reversing its earlier position.
81.
By its very nature, the Declaration on the Rights of Indigenous Peoples is not legally
binding, but it is nonetheless an extension of the commitment assumed by United Nations
Member States – including the United States – to promote and respect human rights under
the United Nations Charter, customary international law, and multilateral human rights
treaties to which the United States is a Party, including the International Covenant on Civil
and Political Rights, and the International Convention on the Elimination of All Forms of
Racial Discrimination.17
82.
Whatever its precise legal significance, the Declaration embodies a convergence of
common understanding about the rights of indigenous peoples, upon a foundation of
fundamental human rights, including rights of equality, self-determination, property and
cultural integrity. It is a product of more than two decades of deliberations in which the
experiences and aspirations of indigenous peoples worldwide, along with failures and
successes of the relevant laws and policies of States, were closely examined, with a view
toward promoting human rights.
83.
With these characteristics, the Declaration is now part of United States domestic and
foreign policy, as made clear in the United States’ announcement that its endorsement of
the instrument:
• reflects the U.S. commitment to work with [indigenous] tribes, individuals, and
communities to address the many challenges they face. The United States aspires to
improve relations with indigenous peoples by looking to the principles embodied in
the Declaration in its dealings with federally recognized tribe, while also working, as
appropriate, with all indigenous individuals and communities in the United States.
• Moreover, the United States is committed to serving as a model in the international
community in promoting and protecting the collective rights of indigenous peoples
as well as the human rights of all individuals.
84.
As part of United States domestic and foreign policy, an extension of its
international human right commitments, and reflecting a commitment to indigenous peoples
in the United States, the Declaration should now serve as a beacon for executive, legislative
and judicial decision-makers in relation to issues concerning the indigenous peoples of the
17
See A/HRC/9/9, paras. 18-43.
19