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40. The protracted negotiations that stretched over two and a half decades and
ended with the adoption of the United Nations Declaration on 13 September 2007
engaged States, indigenous peoples and independent experts in an extended
multilateral discussion that was central to the emergence, internationally, of a
common body of opinion on the rights of indigenous peoples. Notably, while
influenced by discussions within the United Nations around the initiative to develop
an indigenous rights declaration, the development of ILO Convention (No. 169)
concerning Indigenous and Tribal Peoples in Independent Countries, building on the
rights set forth in its predecessor ILO Convention (No. 107) of 1957, contributed, in
turn, to the process that finally led to the adoption of the Declaration.
41. The General Assembly adopted the United Nations Declaration in its
resolution 61/295 by an overwhelming majority of Member States: 143 voting in
favour, 4 against and 11 abstaining. While the explanatory statements of the four
States that voted against the adoption of the Declaration (Australia, Canada, New
Zealand and the United States) showed disagreement with the wording of specific
articles or concerns with the process of adoption, they also expressed a general
acceptance of the core principles and values that it advanced.
42. Despite its initial vote, in 2009 Australia officially endorsed the Declaration
and, in a widely circulated statement, committed to fully implement the standards
contained therein. This is a welcome development in Australia’s policies towards
indigenous peoples, which the Special Rapporteur noted in a press release issued
jointly with the Chairpersons of the expert mechanism and the Permanent Forum in
April 2009. Colombia, which had abstained in the vote on the Declaration, sent a
letter, through the Deputy Minister of Multinational Affairs, to the United Nations
High Commissioner for Human Rights on 20 April 2009 expressing its support for
the Declaration and the principles contained therein and subscribing to the concepts
of equality, respect for diversity and non-discrimination that constitute the
foundation of the Declaration. It is hoped that States which abstained or voted
against adoption may take similar stances.
B.
General content and character
43. The basic normative justification of the Declaration is stated in the sixth
preambular paragraph, which states that “indigenous peoples have suffered from
historic injustices as a result of, inter alia, their colonization and dispossession of
their lands, territories and resources, thus preventing them from exercising, in
particular, their right to development in accordance with their own needs and
interests”. The Declaration’s preamble thus stresses the essentially remedial purpose
of the instrument. Far from affirming special rights per se, the Declaration aims at
repairing the ongoing consequences of the historical denial of the right to selfdetermination and other basic human rights affirmed in international instruments of
general applicability.
44. The Declaration affirms, in article 3, the right of indigenous peoples to self
determination, in terms that restate the common provisions of article 1 of the two
1966 international human rights covenants, the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural
Rights. Reflecting the state of contemporary international law in relation to this
principle as well as the demands of indigenous peoples themselves, the affirmation
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