The centuries of struggle by Indigenous Peoples around the world against colonization, forced assimilation, and systemic discrimination have resulted in the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) by the UN General Assembly in September 2007. The UNDRIP sets the minimum international standards for the respect, recognition, and protection of the rights of Indigenous Peoples (art. 43). The General Assembly of the United Nations has repeatedly reaffirmed UNDRIP, most recently explaining that it “addresses the individual and collective rights of Indigenous Peoples and has positively influenced the drafting of several constitutions and statutes at the national and local levels and contributed to the progressive development of international and national legal frameworks and policies.”[1]
Despite this milestone achievement of Indigenous Peoples, their rights continue to be violated in law and practice in many parts of the world. However, more and more legislation and jurisprudence affirming the rights of Indigenous Peoples, especially to their lands, territories, and resources, to self-determination and to their cultural heritage, are being issued by different authoritative bodies in line with the UNDRIP and with universal and regional human rights treaties. The latter are also increasingly interpreted in a way that is consistent with the “minimum standards” in UNDRIP.
IPRI is therefore issuing this Digest as a compilation of legislation and jurisprudence on Indigenous Peoples’ rights at the international level (the UN system and perhaps others), the regional level (regional human rights bodies), and the national level (national courts and laws).
This issue includes three international cases, including an important decision by the Human Rights Committee. The latter acknowledges that UNDRIP “provides an authoritative framework for interpreting States parties’ obligations under the Covenant” (13.11), echoing, directly and indirectly, decisions and general comments/recommendations adopted by CEDAW (2022), CESCR (2022, 2024), CRC (2024), and CERD (2022, 2024). The Committee cites its past jurisprudence, dating back to 2018, to support this point, confirming that it has long considered UNDRIP to be an authoritative framework for interpreting States’ obligations under the ICCPR. This issue also includes six regional decisions of the Inter-American Court of Human Rights, all of which contain important jurisprudence on the rights of Indigenous Peoples. Finally, it includes domestic judicial decisions in 3 countries and legislation adopted in one jurisdiction.
[1] A/RES/77/203 (15 December 2022).
