United Nations Declaration Research Articles

Shaping global strategy, mobilising for local action: reflections from the World Conference on Drowning Prevention 2023

Drowning is a significant cause of preventable mortality and morbidity and has been described as a serious, preventable and neglected public health challenge. Amid building momentum for drowning prevention, most...

Corporate Ethics and Indigenous Rights: Analyzing the Impact of Vale S.A.'s Mining Operations in the Brazilian Amazon

This work conducts a study on the ethical and cultural implications of the mining operations of Vale S.A. in the Brazilian Amazon with a special view on the indigenous communities. The major portion of this giant company’s work is done in ore production, which has caused mass deforestation, water pollution, and breach of land rights of the indigenous people. The company has failed to abide by international ethical mandates, including Free Prior Informed Consent (FPIC) and Corporate Social Responsibility (CSR). The work explained that the company has not abode by international ethical mandates as incorporated in United Nations Global Compact (UNGC) and United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The case study reports not exclusively the environmental hazards provoked by the mineral extractions of Vale but equally the socio-cultural devastation experienced by the native populations most notably the Yanomami. It also puts forward some actionable recommendations, which consist of implementing the FPIC, working with indigenous communities as stakeholders, and undertaking corporate governance reforms that zero in on more accountability. This case should practically serve as a wake-up call to businesses working in very sensitive areas to bring their practices in line with global ethical standards of ensuring that development is not achieved at the expense of marginalized communities.

The global implementation of UNDRIP: a thematic review

ABSTRACT Following almost 25 years of work, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the United Nations General Assembly in 2007. UNDRIP has been widely recognised as an authoritative statement of human rights norms concerning Indigenous peoples around the world. However, meaningful implementation of UNDRIP has been slow. To better understand the pace and challenges facing implementation, we identify and analyze four key recurring themes that emerge from the growing literature on this topic. This includes (1) Indigenous self-determination versus state autonomy as a driver of potential conflict; (2) the meaning of Free, Prior, and Informed Consent (FPIC) in the context of UNDRIP; (3) the nexus between land, culture, and self-determination; and (4) Western/Global North influence over non-Western/Global South state implementation of UNDRIP. We examine several specific examples from across the globe to reveal the continuities and discontinuities across these four themes. The article concludes by offering ideas on how the limits of the present study and wider literature on UNDRIP might be rectified. That is, by incorporating a greater number of Indigenous perspectives on UNDRIP and adding more studies of governance and implementation challenges encountered in countries located in the Global South.

The Protection of Human Rights in South Africa: Unpacking the Duty of the State to Realise the Right to Development

The 1986 United Nations Declaration on the Right to Development (DRTD) presents a multifaceted framework that blends political aspirations with principles from international human rights treaties. Advocating "people-centered development" places individuals at the forefront, empowering them as principal beneficiaries of development efforts. According to Article 2 of the DRTD, both state and non-state actors are responsible for formulating inclusive national development policies to continually enhance the well-being of the entire populace. This involves ensuring active, accessible, and meaningful participation in development processes and fair distribution of the resulting benefits. South Africa's duty to realise the right to development comes under scrutiny in this context. Despite its obligations under international instruments like the African Charter, challenges persist in effectively implementing developmental advancements. This includes fields critical for sustainable progress, such as renewable energy, biotechnology and information technology. Furthermore, the COVID-19 pandemic has exacerbated existing obstacles, straining resources and threatening to reverse recent developmental gains. Budget constraints, particularly in the research and development sectors, hinder progress towards meeting development objectives. Therefore, while the DRTD and other international instruments emphasise the importance of the right to development, critical debates regarding its scope and implementation persist. Addressing these issues requires a nuanced understanding of development dynamics, balancing global aspirations with practical considerations. It necessitates collaborative efforts to refine and operationalise the right to development, ensuring equitable progress and sustainable development for all.

Are We Opening Pandora’s Box? Clones, Human Spare Parts and International Law

Abstract This article aims to verify whether human cloning is prohibited in international law and, if so, to what extent. In order to answer this question, it seeks to demonstrate that the complexity of the phenomenon and its concrete implications require a series of appropriate distinctions to be made. The article starts with an overview of the different positions adopted by the member states during the debate in the United Nations (UN) General Assembly, which led to the adoption of the UN Declaration on Human Cloning and continues with a focus on the European legal human cloning framework to verify whether it is more precise than the general international one. It demonstrates that reproductive cloning is prohibited both at the global level and in Europe, while therapeutic cloning so far remains within the limits of lawfulness.

Regulating advanced biomedical technologies: A modern criminal law perspective

This study explores the urgent need for criminal law to address the advancements in biomedical technologies, particularly focusing on cloning. It highlights the dichotomy between the potential therapeutic benefits of cloning technologies, such as combating hereditary diseases, and their possible misuse. The paper discusses international legal frameworks and declarations, such as the United Nations Declaration on Human Cloning and the Council of Europe Convention on Human Rights and Biomedicine, which seek to navigate the ethical and legal challenges of cloning. The distinction between therapeutic and reproductive cloning is emphasized, with therapeutic cloning offering significant medical advancements raising profound ethical concerns, particularly regarding the moral status of the embryo. The paper critiques the current legislative landscape in the Republic of Armenia, which it finds insufficient in addressing the complexities introduced by these technologies, suggesting a need for comprehensive legal reform to safeguard human dignity and genetic integrity within the context of modern medicine.

THE UNSEEN GUARDIANS OF LAND: INDIGENOUS COMMUNITIES, ENVIRONMENTAL LAW AND THE PATHWAY TO SUSTAINABLE COEXISTENCE

Indigenous communities have since long been stewards of the land, possessing a deep understanding of their local ecosystems and practicing sustainable ways of resource management. However, their role as unseen guardians of the environment is often overlooked by mainstream society. This article delves into the crucial role of indigenous communities in environmental stewardship and explores how integrating indigenous knowledge with contemporary environmental law can pave the way for sustainable coexistence between humans and nature. Key legal instruments, such as the International Labour Organization (ILO) Convention No. 169 and the United Nations Declaration on the Rights of Indigenous people (UNDRIP), recognize Indigenous rights, yet inconsistent implementation continues to pose challenges. This paper examines the global significance of Indigenous-managed lands, which cover 22% of the Earth’s surface, and how international agreements, like the Paris Climate Accord, acknowledge their contribution to environmental preservation. National legal frameworks, such as India’s Forest Rights Act (FRA), 2006, and the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, highlight both opportunities and obstacles for Indigenous communities in protecting their lands. Case studies from Yellowstone National Park (USA), the Amazon Rainforest (Brazil), and the Great Bear Rainforest (Canada) are explored to demonstrate the successes and ongoing struggles in collaborative conservation initiatives. The paper argues that environmental laws must respect Indigenous sovereignty, safeguard their traditional lands, and incorporate Indigenous knowledge systems. By emphasizing the importance of legal reforms and environmental justice, this research advocates for inclusive decision-making processes that ensure Indigenous communities can actively participate in sustainable coexistence efforts. Overall, the paper concludes that empowering Indigenous communities through stronger legal protections and collaborative conservation strategies is crucial for both environmental sustainability and cultural preservation.

The efficacy of the Delphi method for adapting cognitive interviewing instructions into culturally and linguistically diverse international policing contexts

In interviewing witnesses, the Cognitive Interviewing (CI) technique has become an international benchmark with the potential to significantly reduce coercive tactics in police interviews. However, this requires the adaptation of CI to new languages, cultures and legal systems. This article demonstrates that such adaptation is a more complex exercise than merely translating the training manuals. It proposes an evidence-based translation procedure known as the Delphi method using rounds of questionnaires with experts in relevant fields. It demonstrates transparently the process of adapting the CI instructions to non-English-speaking countries using an example from Indonesia. Importantly, the proposed method takes into account the pragma-linguistic context of police interviews in Indonesia. This article provides a road map for adapting investigative interviewing to culturally and linguistically diverse international communities required by the implementation of the 2021 United Nations Declaration of ‘The Principles on Effective Interviewing for Investigations and Information Gathering’.

The Implementation of UNDRIP: Legal Dimensions of Indigenous Peoples’ Cultural Heritage and Property in Canada

Canada, both federally and in British Columbia, has formally adopted the United Nations Declaration on Indigenous Peoples (UNDRIP). Despite Canada’s adoption of UNDRIP, the laws, customs, and practices of Indigenous Peoples are sui generis and must be recognized and applied as such. This article considers the nature of Indigenous culture and heritage and the potential for recognition and protection on a proprietary basis judicially or legislatively — or a combination of both — within the framework of UNDRIP. This article further considers a means of linkage between federal and provincial law on the one hand, and Indigenous peoples’ law, custom, or practice on the other. Lastly, this article examines various or ancillary matters that are essential to establishing justiciability in the recognition and protection of heritage and culture of Indigenous peoples.

Africa must create centres of educational excellence for innovation and development.

This paper explores the following development questions that perplex most Africans: "Why do African countries rely on foreign companies and foreign experts for almost all our development projects? Why can't we build our own roads, process our own food, and mine our own minerals, oil, and gas? Why don't we have world-class hospitals and industries? How can we have so much natural wealth and yet be so poor? Why do we invent so little?" The answer lies in our failure to implement idea number two. There are two major ideas in educational policy. Idea number one is the obligation to educate all children because it is their fundamental human right as enshrined in the 1948 United Nations Declaration of Human Rights. Idea number two is the strategy of establishing and sustaining world class schools and universities for the education of the most highly gifted and highly talented citizens. Developed countries deploy both ideas aggressively. Underdeveloped countries in Africa have not implemented idea number two. Countries that have deployed idea number two have at least one university ranked among the top 200 in the world. The presence of great universities (top 200) in a country is a 21st century indicator of the presence of high levels of innovation, technology, development and wealth in that country. According to the three major rankings of world universities (Shanghai-ARWU, THE, and QS-topuniversities.com), none of the world's top 100 great universities is in Africa. Although Africa was a pioneer among the continents in innovations such as human language, domestication of fire, making of tools, invention of agriculture, development of writing, and creation of great centers of learning in ancient times, it has fallen behind other continents over the last 500 years and it has been disrupted by enslavement and colonization, and the structural adjustment programs (SAPs) of the IMF and the World Bank. Ancient African centers of innovation included the Ancient City of Benin and Timbuktu in Western Africa, the Kingdom of Kush and ancient Egypt in northern Africa, Axum in Eastern Africa, Mapungubwe and Great Zimbabwe in Southern Africa, and the Kingdom of Kongo in central-Africa. An African renaissance will only occur when we implement idea number two by establishing world class schools and at least one great university per African country.

US State and Territorial Indigenous Consultation Laws: A Potential Strategy to Improve the Social Determinants of Health.

The United Nations (UN) has articulated the right to self-determination as a human right for Indigenous people; however, US states and territories have been slow to operationalize this aspect of the UN Declaration on the Rights of Indigenous Peoples. Indigenous consultation laws require all federal executive agencies to consult with tribal nations before implementing policies that have a "tribal implication," and these form the cornerstone of US efforts to implement the UN Declaration on the Rights of Indigenous Peoples. Despite these federal efforts, less is known about the degree to which state and territorial laws require consultation with Indigenous communities. We reviewed all Indigenous consultation laws identified through a search of 50 US states, the District of Columbia, and 5 territories to provide a holistic picture of how jurisdictions have regulated Indigenous consultation efforts. Of the 56 states, 49 (87.5%) had at least 1 Indigenous consultation law; the remaining 7 jurisdictions had none. States engaged in Indigenous consultation in various ways, generally falling into 1 of 3 categories: (1) centralized consultation facilitated through an agency or department, (2) indirect consultation through a designated commission, and (3) fragmented Indigenous consultation through discrete laws. Important gaps were identified, including the lack of a definition for Indigenous consultation, the absence of an appeal process, and the need to train state officials on existing policies. The results provide a baseline on the degree to which US states and territories consult with Indigenous communities and can be used to identify gaps in US compliance with UN human rights mandates.

Customary Governance and State Legal System in Nepal

Indigenous governance systems are sui generis judicial, administrative, economic, and political systems for exercising authority and upholding the Indigenous governance system of Indigenous peoples. Those institutions help them to realize self-government, autonomy, and self-determination as enshrined in the United Nations Declaration on the Rights of Indigenous Peoples inter alia other legal instruments. In Nepal, the 2015 Constitution opened up avenues for the de jure acceptance of the Indigenous customary governance system at the local levels. De facto recognitions were in place for a long time at the local level despite national laws’ reticence and prejudice. This article looks into the convergent and divergent between customary governance and “nation-state” governing procedure and evaluates the long-term effects on self-rule, autonomy, and self-determination of Indigenous Peoples while interfacing with the contemporary state mechanisms. The indigenous worldview and inclusion/exclusion perspective is the theoretical/conceptual lenses for analyzing the phenomenon in this study. Talking circles, key informant interviews, focus group discussions observations, informal conversations, and participation in periodic assemblies of customary institutions were the strategies of data gathering. Despite the nonrecognition of federal laws, local governments in some parts of the country initiated recognizing customary governance. However, such initiatives, instead of allowing them to operate independently and guaranteeing self-determination, self-rule, and autonomy as the indigenous peoples’ movement demanded at the time, tended to subordinate and bring the customary governance system under the control and jurisdiction of the state law. That will be detrimental to the functioning of Indigenous political institutions in the long run.

The United Nations Declaration on the Rights of Indigenous Peoples and Religion in Hawai'i

The United Nations Declaration on the Rights of Indigenous Peoples and Religion in Hawai'i

Introducing Indigenist Critical Policy Analysis: A rights‐based approach to analysing public policies and processes

AbstractInstitutional racism within Australia, grounded in the country's settler‐colonial structure, has sidelined Indigenous interests in public policymaking since federation. In an attempt to redress this, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was endorsed by the Australian government in 2009. UNDRIP is an authoritative international standard that could inform the ways that governments engage with Indigenous peoples and protect their rights. This paper introduces Indigenist Critical Policy Analysis (ICPA). While mainstream policy evaluation assesses whether policies and processes have met the governments stated objectives, ICPA assesses whether they uphold or violate Indigenous rights. ICPA involves reviewing policy documents against the key principles and specific Articles of UNDRIP. Presenting a worked example of ICPA, the NSW Regional Health Strategic Plan 2022–2032 is assessed against the five phases: (1) Orientation; (2) Close examination; (3) Determination; (4) Strengthening practice; and (5) Indigenous final word. This analysis finds that the Strategic Plan is poorly aligned with UNDRIP. Specifically, there is little evidence that Indigenous values influenced or held any authority in the process. ICPA offers a practical approach to analysing policy for compatibility with Indigenous rights under international law that could be used by Indigenous organisations and policymakers.

Indigenous Fire Data Sovereignty: Applying Indigenous Data Sovereignty Principles to Fire Research

Indigenous Peoples have been stewarding lands with fire for ecosystem improvement since time immemorial. These stewardship practices are part and parcel of the ways in which Indigenous Peoples have long recorded and protected knowledge through our cultural transmission practices, such as oral histories. In short, our Peoples have always been data gatherers, and as this article presents, we are also fire data gatherers and stewards. Given the growing interest in fire research with Indigenous communities, there is an opportunity for guidance on data collection conducted equitably and responsibly with Indigenous Peoples. This Special Issue of Fire presents fire research approaches and data harvesting practices with Indigenous communities as we “Reimagine the Future of Living and Working with Fire”. Specifically, the article provides future-thinking practices that can achieve equitable, sustainable, and just outcomes with and for stakeholders and rightholders (the preferred term Indigenous Peoples use in partnerships with academics, agencies, and NGOs). This research takes from the following key documents to propose an “Indigenous fire data sovereignty” (IFDS) framework: (1) Articles declared in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as identified by the author and specified in Indigenous-led and allied Indigenous fire research in Australia, Canada, and the U.S.; (2) recommendations specific to cultural fire policy and calls for research in the 2023 Wildland Fire Mitigation and Management Commission report; (3) research and data barriers and opportunities produced in the 2024 Good Fire II report; and threads from (4) the Indigenous Fire Management conceptual model. This paper brings together recommendations on Indigenous data sovereignty, which are principles developed by Indigenous researchers for the protection, dissemination, and stewardship of data collected from Tribal/Nation/Aboriginal/First Nations Indigenous communities. The proposed IFDS framework also identifies potential challenges to Indigenous fire data sovereignty. By doing so, the framework serves as an apparatus to deploy fire research and data harvesting practices that are culturally informed, responsible, and ethically demonstrated. The article concludes with specific calls to action for academics and researchers, allies, fire managers, policymakers, and Indigenous Peoples to consider in exercising Indigenous fire data sovereignty and applying Indigenous data sovereignty principles to fire research.

Enhancing Global Environmental Cooperation Through Information Exchange: A Comparative Analysis of International Treaties

This article explores how information exchange is key to global cooperation to protect our environment. The article focuses on organizations that have an impact on the international environment, such as the United Nations Declaration on the Human Environment, the Vienna Convention for the Protection of the Ozone Layer, the United Nations Convention on the Law of the Sea, and the Antarctic Treaty. These platforms ensure that all members will be able to keep pace and lead an agreement on the global environment. Surprisingly, this information exchange is win-win. For scientists, it is necessary to obtain the data necessary for solving environmental problems. It is very important for each country to fulfill international environmental obligations. In this paper, this paper investigate how these mechanisms are developed, especially in order to form more specific consensus forms. Clearly, by comparing different treaties that regulate how to exchange and provide information, their specific goals may be different, but their main goals are consistent: enhancing our information exchange and cooperation by enhancing environmental protection

THE SOVEREIGNTY OF STATES OVER NATURAL RESOURCES AND THE RIGHT OF INDIGENOUS PEOPLES TO SELF-DETERMINATION FROM THE INTERNATIONAL HUMAN RIGHTS LAW

This paper focuses on the analysis of the principle of State sovereignty over natural resources (PSNR) from the perspective of International Human Rights Law. The United Nations Declaration and the American Declaration on the Rights of Indigenous Peoples, which recognize their right to self-determination and the right to collective property, raise the hypothesis about the extension of the PSNR towards the recognition of the rights of indigenous peoples to exercise jurisdiction over their ancestral lands and territories. A documentary study of the origin and development of the PSNR has been carried out in relation to the right of self-determination of peoples and it is concluded that in a non-colonial context, indigenous peoples are holders of that right and that the right to their territories, to Land and natural resources are elements of the PSNR, which is the basis of its political and economic autonomy. The failure of States to respect and guarantee these rights promotes the risk of secession.

Practices of Informing and Consenting in Indigenous Communities: The Case of The Marshall Islands

The 1979 Belmont Report established the guiding principles of informed consent. The 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) pointed out several problems in the meaning of these principles, and in how they were operationalised in small, indigenous communities. The Belmont Report originated in a developed economy, and was taken forward by researchers in individualist societies more than collectivist societies. But in the 21st century, with cross-cultural work a routine element of academic research, these issues have greater salience. UNDRIP focuses on the local meanings of concepts such as respect, informed, consent and privacy. It privileges local cultural norms, meanings and practices in the processes of gaining consent, and foregrounds the need for selecting culturally appropriate processes of consulting, comprehending, and withdrawing. This paper uses examples from the Republic of the Marshall Islands (RMI) to explore these issues, and make recommendations for social science researchers in navigating cross-cultural dimensions of informing, respect, privacy and consent.

Indigenous Peoples in French Guiana: will France ever recognize their right to self-determination, land, territory, biodiversity and Free, Prior and Informed Consent?

French Guiana, located in South America, hosts over 10,000 Indigenous Peoples, principally the Kali’na Tileuyu, Lokono and Pahikweneh, Wayãpi, Teko and Wayana people. Despite making up around 4% of the total population, Indigenous Peoples in French Guiana continue to face systematic challenges in being able to fully enjoy their human rights and rights as Indigenous Peoples. As an overseas territory of France, French Guiana falls under the governance of France and is fully integrated as an overseas department, separate from other overseas territories such as New Caledonia. This full integration has classified Indigenous Peoples as French People, making it not only difficult to get estimates of the actual number of Indigenous Peoples in French Guiana as the French Constitution prohibits ethnic statistics, but also prevent the ability of Indigenous Peoples to obtain their right to self-determination and control over their own land as provided in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Therefore, this paper will discuss the violations of the UN Declaration on the Rights of Indigenous Peoples committed by France that hinders their attainment to their fundamental freedoms and basic human rights. To do so, this paper will firstly begin by discussing the implementation of the UNDRIP in French Guiana in reference to several articles. In explaining the various articles, it will demonstrate how the French government’s recent actions continue to lead to the destruction of Indigenous territories and threaten their survival. Moreover, this paper will focus on articles 3, 10, 25, 29 which pertain to the right to self-determination, the right to land and territories, and the right to protect biodiversity. These rights alongside the right to Free, Prior and Informed Consent (FPIC) should allow Indigenous Peoples to exercise control over decisions that essentially affect not only their way of life but also their existence, particularly considering the history of Indigenous Peoples that have frequently been the “first victims of development activities.”

Human Rights Dilemma and International Rule of Law in the Age of Digital Intelligence

The digital intelligence era is an intelligent era represented by digital technology. In this era, human attributes, lifestyles, and the embodiment of rights have shown new characteristics. The impact of the digital intelligence era on human rights is a double-edged sword: on the one hand, digital technology, artificial intelligence, and so on greatly liberate human labor productivity, effectively protecting people's rights to subsistence, health, and development; on the other hand, it also brings great threats and challenges to human rights. Anthropocentrism is threatened, the boundaries of human beings are broken, and people's freedom, equality, privacy, labor, intellectual property, environmental and ecological rights are threatened. In the face of the digital intelligence era, development is the only way to break through. In the United Nations Declaration on the Right to Development, the right to development is defined as an inalienable right of human beings. Only in development can all human rights be fully realized