A/HRC/9/9 page 13 affirms indigenous peoples’ right “to participate fully, if they so choose, in the political, economic, social and cultural life of the State”;24 and to be consulted in relation to decisions affecting them, with the objective of obtaining their prior, free and informed consent.25 40. The Declaration does not affirm or create special rights separate from the fundamental human rights that are deemed of universal application, but rather elaborates upon these fundamental rights in the specific cultural, historical, social and economic circumstances of indigenous peoples. These include the basic norms of equality and non-discrimination, as well as other generally applicable human rights in areas such as culture, health or property, which are recognized in other international instruments and are universally applicable. 41. Albeit clearly not binding in the same way that a treaty is, the Declaration relates to already existing human rights obligations of States, as demonstrated by the work of United Nations treaty bodies and other human rights mechanisms, and hence can be seen as embodying to some extent general principles of international law. In addition, insofar as they connect with a pattern of consistent international and State practice, some aspects of the provisions of the Declaration can also be considered as a reflection of norms of customary international law.26 In any event, as a resolution adopted by the General Assembly with the approval of an overwhelming majority of Member States, the Declaration represents a commitment on the part of the United Nations and Member States to its provisions, within the framework of the obligations established by the United Nations Charter to promote and protect human rights on a non-discriminatory basis. 42. While the adoption of the Declaration marks the height of decades of standard-setting regarding the rights of indigenous peoples, it is also important to note that the Organization of American States continues to be involved in the process of developing an American declaration of the rights of indigenous peoples. As was the case during the drafting of the United Nations Declaration, indigenous peoples are actively involved in the search for a common consensus with States regarding this instrument. 43. The United Nations Declaration reflects the existing international consensus regarding the individual and collective rights of indigenous peoples in a way that is coherent with, and expands 24 Art. 5. See also art. 18 (affirming the right to participate in “the decision-making in matters which would affect their rights”). 25 Art. 19 (“States shall consult and cooperate in good faith with the indigenous peoples concerned … in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them”). For an analysis of the principle of free, prior and informed consent, see observations concerning Ecuador (A/HRC/9/9/Add.1). 26 See S. James Anaya and Siegfried Wiessner, “OP-ED: The UN Declaration on the Rights of Indigenous Peoples: Towards Re-empowerment”, Jurist (3 October 2007).