The UN General Assembly passed the controversial Declaration on the Rights of Indigenous Peoples by a majority vote of 144 to 4 with 11 abstentions. The Declaration protects the rights of indigenous peoples to determine their own social and economic development and practice their cultural and religious traditions. It prohibits discrimination and political disenfranchisement of indigenous peoples. It also sets an international standard of free, prior and informed consent by indigenous peoples to development on their lands. Tonya Gonnella Frichner, North American Regional Representative to the UN Permanent Forum on Indigenous Issues, said, “This was an historic day, and a step forward to help assure Indigenous Peoples’ treaty rights, human rights, and self-determination.”

The 46 Articles of the Declaration were negotiated over three decades between UN agencies, governments, indigenous representatives and numerous human rights groups. High Commissioner for Human Rights Louise Arbour noted that “the hard work and perseverance of indigenous peoples and their friends and supporters in the international community has finally borne fruit in the most comprehensive statement to date of indigenous peoples’ rights.”

Notably, the four votes against the measure were cast by the United States, Australia, Canada and New Zealand, nations with substantial and politically active native populations. The abstaining nations were Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine.

Canada expressed a position shared by the countries that voted against the measure that the Declaration would give indigenous peoples too much power to renegotiate or revisit previously settled treaties or land and resource agreements. Canada released this statement: “‘In Article 26, the document states: ‘Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.’ This could be used by Aboriginal groups to challenge and re-open historic and present day treaties and to support claims that have already been dealt with.”

Pleased with the passage of the Declaration, but wary of international political realities, indigenous leaders pointed out that their work is not yet done. Chris Peters, President of the Seventh Generation Fund for Indian Development, said, “This is a significant and momentous day in our history. A time when Indigenous communities and nations should take a lead role in breathing life into this new human rights document.”

Read the adopted text of the Declaration.