Indigenous Struggles in Standard-Setting: The United Nations Declaration on the Rights of Indigenous Peoples

Abstract

For over twenty years, indigenous peoples have worked toward the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. When the Declaration was passed on 13 September 2007, it was a triumph for indigenous peoples who had struggled with the rigidities of standard-setting in the UN system. The drawn out process of standard-setting was also a reflection of the complex issues that Member States had to grapple with, including acceptance of indigenous peoples’ right to self-determination in international law as well as recognition of indigenous peoples’ right to lands, territories and resources. This article describes the long process towards the Declaration for indigenous peoples and states, focuses on the frustrations of UN standard-setting for indigenous peoples and explains the importance of the Declaration for indigenous Australia.