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

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