“Minimum Standards:” The UN Declaration on the Rights of Indigenous Peoples

Abstract

1. Overview More than two decades in the making, the UN Declaration on the Rights of Indigenous Peoples is a major achievement by Indigenous peoples in the face of state reluctance, and sometimes active resistance, to address the issues contained in it. The Declaration goes beyond previous international statements on Indigenous rights, especially in key areas like self-determination, rights to lands, territories and resources, cultural integrity, and respect for existing treaty rights. Given its history however, it is not surprising that the legal implications of the Declaration are proving controversial. While the Declaration on its face is a non-binding instrument, the question is whether its provisions reflect existing customary international law (and thus, bind states regardless) or whether they simply suggest its likely development. An expert body has already been set up to consider this and the debate will no doubt take time to resolve. Meanwhile, the Declaration provides a clear international standard against which state behaviour can be judged by Indigenous peoples and their supporters, and held to be wanting