3rd Committee of the General Assembly
“Rights of indigenous peoples, including
economic, social and cultural rights, in light
of 2030 Agenda for Sustainable
Development”
Rights of indigenous peoples, including economic, social
and cultural rights, in light of 2030 Agenda for Sustainable
Development.
Contents
1.WELCOMING MESSAGE ................................................................................. 4
2.INTRODUCTION TO THE COMMITTEE ....................................................... 5
3.INTRODUCTION TO THE TOPIC ................................................................... 5
4.LIST OF ABBREVIATIONS............................................................................... 6
5.DEFINITION OF KEY TERMS ......................................................................... 7
5.A. “INDIGENOUS PEOPLES” ................................................................................... 7
5.B. “INDIGENOUS PERSON” .................................................................................... 9
5.C. “SUSTAINABLE DEVELOPMENT” ..................................................................... 9
5.D. “THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT” .................................. 9
5.E. “17 SUSTAINABLE DEVELOPMENT GOALS” ..................................................... 10
6.HISTORICAL OVERVIEW AND LEGAL BACKGROUND......................... 10
6.A. GRADUAL ENSHRINEMENT OF INDIGENOUS PEOPLES’ RIGHTS .......................... 10
6.B. OVERVIEW OF PROBLEMS THAT INDIGENOUS PEOPLES ARE FACING .................. 12
6.C. MAJOR LEGAL AND POLITICAL DOCUMENTS .................................................. 13
6. D. LATEST DEVELOPMENT WITHIN THE UN SYSTEM............................................ 15
6.E. INSTRUMENTS INVOLVED IN THE PROTECTION OF INDIGENOUS PEOPLES’
RIGHTS ................................................................................................................. 16
7.MAIN ASPECTS ................................................................................................ 18
7.A. SHORT PRESENTATION OF 2030 AGENDA FOCUS ON INDIGENOUS PEOPLES ....... 19
7.B.CLASSIFICATION OF INDIGENOUS PEOPLES’ RIGHTS .......................................... 19
7.b.i. The right to self-determination................................................................. 19
7.b.ii. Economic rights ..................................................................................... 22
7.b.iii. Social rights .......................................................................................... 24
7.b.iv.Cultural rights......................................................................................... 26
8. CORRELATION BETWEEN THE 2030 AGENDA FOR SUSTAINABLE
DEVELOPMENT AND INDIGENOUS PEOPLES’ RIGHTS AND
PRIORITIES ......................................................................................................... 29
8.A. INDIGENOUS PEOPLES AS “AGENTS OF CHANGE” ............................................. 29
8.B. IMPLEMENTATION OF THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT IN
CONJUNCTION WITH THE PROTECTION OF INDIGENOUS PEOPLES’ RIGHTS ................. 31
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8.C. THREATS ARISING IN LIGHT OF THE IMPLEMENTATION OF THE 2030 AGENDA FOR
SUSTAINABLE DEVELOPMENT ............................................................................... 32
9. CONCLUSION .................................................................................................. 34
10. POINTS TO BE ADDRESSED ....................................................................... 34
11. FURTHER READING .................................................................................... 35
12. BIBLIOGRAPHY............................................................................................ 37
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1.WELCOMING MESSAGE
Distinguished delegates,
We are more than glad to welcome you to ThessISMUN 2017 and the 3 rd Committee of
the United Nations General Assembly. We are absolutely confident that through our
cooperation, your hard work and your fruitful debates during the committee sessions,
we will manage to address more than efficiently important issues related to the
protection of human rights worldwide, and especially of groups of people being
marginalized.
Nevertheless, before arriving in Thessaloniki and taking the stand before the Board and
your fellow delegates, your efficient pre-conference preparation is of utmost
importance. In the next pages, you may find the Study Guide on the Topic Area A:
“Rights of indigenous people, including economic, social and cultural rights in light
of the 2030 Agenda for Sustainable Development”.
We hope that you find it
intriguing, as we both do! In the current Study Guide, we managed to include all
important principles and information regarding the specific topic. Nevertheless, we
highly encourage you to make your own research, to utilize information and incentives
provided and to submit your proposals by virtue of your countries’ policies.
From the very moment that you are reading these words and until the closure of
ThessISMUN, we remain at your disposal for any inquiry that you may have. Our
Committee’s e-mail and our Facebook group is always open for you!
Looking forward to meeting all of you in person, we are anticipating from all of you to
be equipped with zeal, zest, courage and, of course, knowledge in order that the journey
that begins now to have a good end our ship to reach its harbor, safe and sound (aka:
with an outstanding Resolution!).
Now it’s time to work! It’s your time to shine! It’s time that you BRING YOUR
THESIS TO THE WORLD!
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Best regards,
Paraskevi-Aikaterini Karamanli, Chair
Panagiotis Viopoulos, Co-Chair
2.INTRODUCTION TO THE COMMITTEE
The 3rd Committee of the UN General Assembly, known also as Social and
Humanitarian Committee (SOCHUM or GA 3rd are the main abbreviations used) is one
of the UN General Assembly discussion fora to which questions connected to social,
humanitarian and human rights issues are being allocated by the General Assembly (one
of the main UN bodies according to Article 7 paragraph 1 of the UN Charter) in order to
be discussed in that particular forum. In particular, its works are devoted not only to the
delivering on discussions on crucial topics for the international community but also to
the proposing of resolutions for adoption by the General Assembly. The 3rd Committee
covers a wide range of topics and the issues of indigenous peoples are included in a
permanent basis in its Agenda. Actually, indigenous rights are included in the Agenda
of the 71st session of the General Assembly and the respective mandate belongs to the
3rd Committee.
3.INTRODUCTION TO THE TOPIC
The major achievement of the so-called indigenous movement has been the removal of
indigenous peoples’ existence, rights and priorities from the background to forefront of
international being. Their distinct status and their uniqueness in comparison to all other
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ethnic, racial or social groups has rendered them vulnerable to the changes escorting the
modern era, whilst the necessity of specialized approach arises. Their rights, and
especially their economic, social and cultural rights, are always at stake, but the
adoption of the 2030 Agenda for Sustainable Development and its vision that “no one
will left behind” gave birth to new rounds of discussions and mixed sentiments. Hope
that it will serve their needs, since they are not only included in its provisions, but also
affected by its implementation, either positively or negatively, either directly or
indirectly. Responsibility of our Committee when addressing this topic area is to search
for a golden section in order that the rights of indigenous peoples reach the highest
possible level of protection, by bearing in mind the context posed by the Sustainable
Development Goals, as well as the new questions that they pose in assessing these
peoples’ rights and priorities. This correlation between indigenous peoples and the 2030
Agenda has also been highlighted by the UN Secretary General Ban Ki-Moon 1 .
Besides, the topic under discussion is considered of the most contemporary ones, since
the adoption of the 2030 Agenda and the launch of relevant discussions took place just a
year ago, in 2015.
4.LIST OF ABBREVIATIONS
Art.
Article
ECOSOC
Economic and Social Council
ILO
International Labour Organization
MDGs
Millennium Development Goals
1
The relevant statement of the UN Secretary General is available at:
https://www.youtube.com/watch?v=ogcKKai04As&feature=youtu.be.
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O.A.S.
Organization of American States
para.
paragraph
SDGs
Social Development Goals
UN
United Nations
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples’
UNESCO
United Nations Educational, Scientific and Cultural Organization
UNIPP
United Nations-Indigenous Peoples’ Partnership
WCIP
World Conference on Indigenous Peoples
5.DEFINITION OF KEY TERMS
5.a. “Indigenous peoples”
Although the international community has been extensively involved with issues related
to the protection of the rights of indigenous people, an official definition of the term:
“indigenous peoples” has not yet been reached and adopted by bodies acting within the
United Nations system (United Nations Permanent Forum on Indigenous Issues, 2015).
Besides, neither the United Nations Declaration on the Rights of Indigenous Peoples
includes a relevant definition (United Nations Office of the High Commissioner on
Human Rights, 2013). At this extent, international law experts, as well special groups
acting within the United Nations, have posed certain criteria in order to distinguish an
“indigenous people”.
According to the very first definition, provided by Jose R. Martinez Cobo in 1987:
"Indigenous communities, peoples and nations are those which having a
historical continuity with pre - invasion and pre - colonial societies that
developed on their territories, consider themselves distinct from other
sectors of the societies now prevailing in those territories or parts of them.
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They form at present non dominant sectors of society and are determined
to preserve, develop and transmit to future generations their ancestral
territories, and their ethnic identity, as the basis of their continued
existence as peoples, in accordance with their own cultural patterns,
social institutions and legal systems” (Martiń ez Cobo, 1987).
In addition to the criteria set out by the aforementioned definition, the United Nations
Permanent Forum on Indigenous Issues has proposed the following criteria:
“• A strong link to territories and surrounding natural resources;
• Distinct social, economic or political systems; and
• Distinct language, culture and beliefs.”2
Furthermore, there is only one definition of “indigenous people” included in a legal
document of international character, even though not enacted under the UN auspices.
This definition is found in Article 1 para. 1b of the “Indigenous and Tribal Peoples
Convention” of the International Labour Organization (known also as: ILO Convention
169), which reads as it follows:
“(b) peoples in independent countries who are regarded as
indigenous on account of their descent from the populations which
inhabited the country, or a geographical region to which the
country belongs, at the time of conquest or colonisation or the
establishment of present state boundaries and who, irrespective of
their legal status, retain some or all of their own social, economic,
cultural and political institutions.”.
When striving to define “indigenous peoples”, it is commonly accepted that the criterion
of self-identification must be deemed as the fundamental one3. The latter is provided
A more detailed approach on the issue of defining “indigenous people” is available at: Indigenous
Peoples and the United Nations Human Rights System. The Human Rights Fact Sheet. New York and
Geneva: Office of the United Nations High Commissioner for Human Rights, United Nations Office at
Geneva, pp.1-3. Retrieved from: http://www.ohchr.org/Documents/Publications/fs9Rev.2.pdf
3
“ Self-identification as indigenous or tribal shall be regarded as a fundamental criterion for
determining the groups to which the provisions of this Convention apply”
2
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expressis verbis in Article 1 para.2 of the ILO Convention 169 and it is also recognized
by the UN Permanent Forum on Indigenous Issues (United Nations Permanent Forum
on Indigenous Issues, 2015).
5.b. “Indigenous person”
In its famous definition, Jose R. Martinez Cobo provides also the definition of
“indigenous person”:
“On an individual basis, an indigenous person is one who belongs to these
indigenous populations through self - identification as indigenous (group
consciousness) and is recognized and accepted by these populations as
one of its members (acceptance by the group)” (Martiń ez Cobo, 1987).
5.c. “Sustainable Development”
Pursuant to the Report of the World Commission on Environment and Development,
published back in 1987, it is defined as follows:
“Sustainable development is development that meets the needs of the
present without compromising the ability of future generations to meet
their own needs” (United Nations General Assembly, 1987).
5.d. “The 2030 Agenda for Sustainable Development”
Actually, this term encompasses the Resolution (A/RES/70/1), titled as “Transforming
our world: the 2030 Agenda for Sustainable Development” and adopted by the United
Nations General Assembly in September 2015. According to the first sentence of its
Preamble:
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“This Agenda is a plan of action for people, planet and prosperity. It also
seeks to strengthen universal peace in larger freedom” (United Nations
General Assembly, 2015).
5.e. “17 Sustainable Development Goals” 4
They constitute the main content of the 2030 Agenda, as well as they are inextricably
interwoven with each other, along with the 169 targets attached to them. In fact, the
Sustainable Development Goals must be deemed as the evolution of the Millennium
Development Goals. Moreover, notwithstanding that they are not legally binding,
Member - States shall come to the forefront and launch initiatives aiming to their
fulfilment (United Nations Sustainable Development, 2016).
As far as their 15-year perspective is concerned, the following phrase makes it crystalclear:
“Over the next fifteen years, with these new Goals that universally apply to
all, countries will mobilize efforts to end all forms of poverty, fight
inequalities and tackle climate change, while ensuring that no one is left
behind” (United Nations Sustainable Development, 2016).
6.HISTORICAL OVERVIEW AND LEGAL BACKGROUND
6.a. Gradual enshrinement of indigenous peoples’ rights
From the very first moment of their appearance in the international forefront, back in
the colonization period of 15th-16th century A.D., indigenous peoples had been suffering
from a great variety of abuses against them, including, but not limited to: invasions,
massacres, displacement from their ancestral lands, slavery, practices of assimilation,
exploitation of their natural resources, discrimination and deaths due to illnesses
unknown to them. In a few words, the aforementioned may be defined, by using the
4
Each one of the 17 Sustainable Development Goals can be retrieved from the following link:
https://sustainabledevelopment.un.org/?menu=1300
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modern terminology, as: “violation of their human rights”. Besides, it is estimated that
the 95% of the indigenous populations living in the Americas during the pro-columbian
period had been eradicated within two centuries from 1492 (Gioupsanis, 2006).
Nevertheless, indigenous peoples did not entirely succumb to the practices mentioned
above. Their resistance, as well as their determination to survive by preserving their
distinct identities, led, in some cases, to a series of treaties between indigenous peoples
and governments, which recognized to them a certain level of autonomy. As state
entities were becoming even more dominant, they begun to act less respectfully towards
the quasi-autonomous status of the indigenous peoples within their territories. Until the
first half of the 20th century, many treaties signed between indigenous peoples and state
governments had been turned down, whilst the international community, gathered under
the League of Nations framework, maintained a negative stance against the hearing
requests of the indigenous peoples’ representatives5 during 1920s.
Apart from the adoption of ILO Convention No. 107 in 1957, which was criticized by
the indigenous movement as aiming to the assimilation of indigenous populations, there
had been no significant progress until the 1970s. Then, alongside with the dynamic
presence of the indigenous movement, UN system adopted a friendly approach as far as
the complaints of indigenous people were concerned.
Thus, the gradual enshrinement of these peoples’ rights and the inclusion of their
protection under the auspices of the UN, initiated. In the meantime until nowadays, the
protection of the indigenous peoples’ rights met a series of milestones (Department of
Economic and Social Affairs of the United Nations Secretariat, 2009):
i. The study on the problem of discrimination against indigenous populations,
known as “the Martínez Cobo study” (1972)
ii. The adoption of the ILO Convention No.169 on Indigenous and Tribal
Peoples in Independent Countries (1989)
5
The cases of Cayuga Chief Deskaheh and of W.T. Ratana are the most famous and characteristic
ones. Further information may be retrieved from:
http://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_web.pdf
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iii. The establishment of the United Nations Permanent Forum on Indigenous
Issues, by the Economic and Social Council (2000)
iv. The appointment of the Special Rapporteur on the Rights of Indigenous
Peoples under the auspices of the Office of the High Commissioner on
Human Rights (2001)
v. The adoption of the United Nations Declaration on the Rights of Indigenous
Peoples by the United Nations General Assembly (2007), which is
considered to be the “major milestone” on the protection and promotion
of indigenous rights.
6.b. Overview of problems that indigenous peoples are facing
According to recent statistics, there are about 370 million persons belonging to
indigenous peoples all over the world. Thus, 5% of the whole world’s population
consists of indigenous peoples. Nonetheless, persons of indigenous origin constitute the
15% of the world’s poorest population. Actually, despite the progress described in the
previous part, indigenous peoples’ struggle and very often do not manage to meet the
acceptable standards as far as certain social and economic indicators are concerned (The
United Nations Permanent Forum on Indigenous Issues, 2016).
Moreover, indigenous peoples are still facing in many cases the ignorance of state
authorities and, thus, they end up in being marginalized, excluded or exploited. In
particular, it is alleged that the customs and traditions characterizing the modus vivendi
of indigenous peoples are being put at great risk due to: stagnancy of states as for the
recognition of their rights, policies of exclusion crystallized by projects aiming at the
economic and infrastructural development of the state causing forced migration from
their lands, lack of opportunities and participation in decision-making processes related
to them, as well as the climate change (International Labour Organization, 2015).
The aforementioned situation also hampers the development of indigenous peoples in
terms of health, education and justice. Pursuant to specialized UN officials, in many
countries, indigenous persons are dying in a younger age than usual and from diseases
which are considered to be preventable or curable in the rest of the world. In addition,
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indigenous persons are less educated than the world’s average, whilst their
imprisonment for any reason seems to be more likely to happen (Permanent Forum on
Indigenous Issues, 2010).
6.c. Major Legal and Political Documents
•
ILO Convention No.169 on Indigenous and Tribal Peoples in Independent
Countries (1989): Enacted in 1989 by the International Labour Conference of ILO with
a consensus of the tripartite constituents of the organization (government, worker and
employer representatives), including provisions regulating many issues related to the
protection of indigenous peoples’ rights and the role of governments in their
application. It is the unique legal international document dedicated to exclusively to
indigenous peoples (International Labour Organization, 2013).
•
UN Declaration on the Rights of Indigenous Peoples (2007): Although the UN
Declaration on the Rights of Indigenous Peoples(hereinafter: “the Declaration”) does
not constitute a legally binding document, it reflects many important principles
regarding the respect of indigenous peoples’ rights, as well as it imposes a moral duty
on states to protect the rights included. In particular, regarding its content, it manages to
distinguish the status of indigenous peoples from other groups, whilst it compromises a
series of individual and collective indigenous rights with the states’ interests
(Department of Economic and Social Affairs of the United Nations Secretariat, 2009).
Among others, it recognizes the right of indigenous peoples to be self-determined and to
utilize their own lands and resources (Hansen, 2016).
•
American Declaration on the Rights of Indigenous Peoples (2016): Adopted
within the system of O.A.S., it constitutes a regional human rights instrument of major
importance, since it addresses in a comprehensive way the protection of indigenous
rights in Americas, where a significant percentage of world’s indigenous peoples
resides. Apart from the indigenous rights of general nature, special provisions related to
indigenous peoples of the Americas have been enacted as well. For instance, protection
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is extended to indigenous groups living in voluntary isolation and to those threatened by
domestic armed conflicts (Indianlaw.org, 2016).
Besides, the protection of the rights of indigenous peoples is not exhausted to the
aforementioned documents and the respective provisions and principles. It is also
guaranteed by the application of the general international human rights treaties which
enshrine, among others, rights of utmost importance for indigenous peoples (United
Nations Office of the High Commissioner on Human Rights, 2013). According also to
the findings of the respective specialized bodies, the following examples are quite
indicative:
•
International Covenant on Civil and Political Rights: Pursuant to relevant reports
and decisions of the Human Rights Committee, it is acknowledged that indigenous
peoples interests are inextricably interwoven and mainly related to Article 1(right to
self-determination) and Article 27(right of persons belonging to minorities to enjoy their
own culture, to profess and practice their own religion or to use their own language) of
the Covenant.
•
International Covenant on Economic, Social and Cultural Rights: The
Committee on Economic, Social and Cultural Rights has applied on a regular basis the
provisions of the Covenant as far as the protection of indigenous peoples’ rights are
concerned. Specifically, it is well-established that indigenous peoples’ rights on health,
food, employment, family, education and, above all, culture fall under the protective
scope of the Covenant.
• International Convention on the Elimination of All Forms of Racial
Discrimination: By virtue of the respective Committee findings in cases referring to
indigenous peoples, these groups of people shall enjoy equal rights at all extents of their
lives and activities. Equal participation in public life, respect to their lands and
prevention of discriminatory stance against them constitute the most crucial
prerequisites in order that their rights not be abused.
•
Convention on the Rights of the Child: Being the only treaty of global scope
adopted under the auspices of the UN that makes concrete references to the rights of
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indigenous children (Articles 27 and 29) as far as culture, education and social inclusion
are concerned, it constitutes an additional protective framework for a special group of
persons within the indigenous peoples’ communities.
The international framework of safeguarding indigenous peoples’ rights has been also
strengthened by the application of regional human rights treaties, since their
interpretation in the light of indigenous peoples’ needs has played a significant role. The
major ones are: the American Convention on Human Rights and the African Charter on
Human and Peoples’ Rights due to the fact that the majority of world’s indigenous
peoples resides in the respective continents.
6. d. Latest development within the UN system
The issue of the indigenous peoples’ rights has been continuously incorporated in the
agenda of the latest sessions of the United Nations General Assembly and addressed in
many cases within the UN system:
Outcome document of the high-level plenary meeting of the General Assembly
known as the World Conference on Indigenous Peoples (September 2014): By
repeating the importance of United Nations contribution in the promotion and protection
of indigenous rights (clause 1), the Member - States confirm their commitment for
ameliorating the protection level of indigenous rights and a great variety of significant
factors in achieving that goal are also encompassed6.
Human Rights Council Resolution 27/13 (October 2014): Titled as “Human Rights
and Indigenous Peoples”, the aforementioned encompasses requests for certain actions
taken by bodies specialized on the protection of indigenous peoples’ rights, for
strengthening of the latter. Besides, in its clause 15, it includes an open call to member
states in order that they take into account the rights of indigenous peoples while
implementing the development goals 7.
6
The whole Outcome Document of the World Conference on Indigenous Peoples is available at:
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/69/L.1.
7
The whole document of the Resolution (A/HRC/RES/27/13) is available at: https://documents-ddsny.un.org/doc/UNDOC/GEN/G14/178/42/PDF/G1417842.pdf?OpenElement
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United Nations General Assembly Resolution 70/32 (December 2015): Its clauses
address the issue of the rights of indigenous peoples from different perspectives,
including, but not limited to, the role of the UN specialized bodies, the contribution of
the indigenous peoples themselves and proposals for alleviating or preventing situations
that affect negatively indigenous peoples8.
All the aforementioned documents adopted within the UN system coincide to a call for
accessing the ILO Convention no.169 towards member states that have not yet become
parties to the unique global legal document referring to the protection of the rights of
indigenous peoples.
6.e.
Instruments involved in the protection of indigenous peoples’ rights
As already mentioned above, the gradual enshrinement of indigenous peoples’ rights
has been achieved through the foundation and the function of several specialized bodies,
dedicated to indigenous peoples’ affairs. Nevertheless, there are also many human rights
bodies, either judicial or not, that operate in international or regional and have equally
contributed to a more comprehensive protection of indigenous rights. A list of the major
bodies, belonging to both of the aforementioned categories, follows:
UN Permanent Forum on Indigenous Issues: functioning within the works of
Economic and Social Council, the Permanent Forum mandate entails the provision of
information and advice to the ECOSOC, whilst it aims to facilitate the integration of
activities referring to indigenous peoples within the UN framework. Besides, it
coordinates the aforementioned initiatives and, after 2007, it is closely involved with the
implementation of the Declaration on the Rights of Indigenous Peoples.
Expert Mechanism on the Rights of Indigenous Peoples: equally a charter-based
body, but operating as an auxiliary body to the UN Human Rights Council. Being
comprised by members of indigenous origin, its duties concern the provision of
expertise on indigenous rights, as well as the submission of proposals to the Council.
The latter takes them into account and either approves it or not. Lastly, in the context of
8
The
whole
document
of
the
Resolution
(A/RES/70/32)
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/232.
is
available
at:
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a launched study or research, it gives the floor to indigenous representatives so as to
address certain human rights issues that affect them.
Special Rapporteur on the rights of indigenous peoples: its main responsibility
consists of the submission of an annual report to the Human Rights Council, since the
Special Rapporteur also acts within the context of the latter. Furthermore, its work is
dedicated to an advisory role as far as the overcoming of certain problems is concerned,
the collection and dissemination of data on breaches of indigenous rights, as well as to
the cooperation with other bodies of general or specialized mandate, acting either in
international or in regional level.
UN Voluntary Fund for Indigenous Peoples: Pursuant to the core right of indigenous
peoples to participate in the decision-making processes that affect them, this specialized
body was founded in 1985 in order to facilitate the participation of indigenous
representatives in the then operating Working Group on Indigenous Populations.
Following a series of expansion to its mandate, the UN Voluntary Fund for Indigenous
Peoples bears nowadays the responsibility to support the involvement of indigenous
peoples’ representatives in all meetings held within UN bodies as far as issues related to
them are discussed, during the 70th and 71st(current) session of the UN General
Assembly(Ohchr.org, 2016).
United Nations-Indigenous Peoples’ Partnership (UNIPP): established in February
of 2010, UNIPP constitutes the first global partnership functioning under the UN
auspices which strives for the promotion of indigenous peoples’ rights in national level.
The Partnership consists of: the International Labour Organization (ILO), the Office of
the High Commissioner for Human Rights (OHCHR), the UN Development Program
(UNDP), United Nations Population Fund (UNFPA) and the UN Children’s Fund
(UNICEF) in close collaboration with indigenous peoples, national authorities and other
involved actors. It works towards the implementation of standards related to the
protection of indigenous peoples’ rights, as posed by UNDRIP and ILO Convention
No.169 (United Nations Indigenous Peoples’ Partnership (UNIPP), n.d.).
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As far as regional bodies are concerned, in addition to the bodies of international
character mentioned above, the Inter-American Commission on Human Rights,
operating under O.A.S., which frequently is involved with indigenous issues, has
enacted from the early 90s the Office of the Special Rapporteur on the Rights of
Indigenous Peoples. Notwithstanding the limited geographic scope of its mandate, the
“Inter-American” Special Rapporteur concentrates a lot of duties and authorities, as
well, within the American system of human rights protection (Oas.org, 2011) 9 .
Moreover, the Inter-American Court of Human Rights, by interpreting and applying
the Inter-American Charter of Human Rights, in correlation also with the principles
deriving by the ILO Convention no.160, has delivered important judgments 10 that
amplify the standards of indigenous rights protection.
Regional initiatives devoted to the protection of indigenous peoples’ rights have also
been launched with the African system of human rights protection. Particularly, the
African Charter on Human and Peoples’ Rights (“Banjul Charter”) enshrines a series of
rights applicable in cases regarding indigenous peoples, as well. In that extent, the
African Commission on Human Rights, a body monitoring the implementation of the
Charter, has created in early 2000s the Working Group of Experts on the Rights of
Indigenous Populations/Communities in Africa. Its mandate refers to the undertaking
of studies and the provision of advice on enhancing the protection of indigenous
peoples’ rights (Forest Peoples Programme, 2008).
7.MAIN ASPECTS
Further information and the aspects of the Rapporteur’s mandate are available at:
http://www.oas.org/en/iachr/indigenous/mandate/Functions.asp
10
List of recent judgments on the protection of indigenous peoples’ rights of the Inter-American
Court
of
Human
Rights
are
available
at:
http://www.oas.org/en/iachr/indigenous/decisions/ia_court_hr.asp.
9
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7.a. Short presentation of 2030 Agenda focus on indigenous peoples
The 2030 Agenda for Sustainable Development is structured around the message that
“no will be left behind”, as clearly stated in its Preamble. Indigenous peoples are
striving to achieve higher standards of living and the six concrete references of the
Agenda to them prove that their status within the international community has to be
enhanced.
Besides, the 2030 Agenda reflects principles that are fundamental for the protection of
indigenous peoples’ rights, such as universality, poverty reduction, the environmental
sustainability, food security, the elimination of inequalities, the human rights protection
etc. In the same perspective, as also analyzed in the following parts of the Study Guide,
the achievement of each and every one of the 17 Sustainable Development Goals and
the respective targets would contribute to the more efficient enjoyment of a series of
indigenous rights and to the tackling of many situations that are harmful for them.
Additionally to the aforementioned, the 2030 Agenda pays specific focus on indigenous
peoples, since the latter are considered to be one of the nine major groups that are
represented before the United Nations and are entitled to officially undertake
participatory and monitoring role in the implementation of the 17 SDGs (International
Work Group for Indigenous Affairs, 2016). That is the reason why that one of the
indicators utilized to assess the progress made in advancing the Agenda and the Goals
attached is dedicated to the satisfaction of indigenous peoples’ needs (The United
Nations Permanent Forum on Indigenous Issues, 2016).
In light of all the aforementioned development in indigenous rights protection, along
with the milestone of 2030 Agenda, it must be taken into consideration that the rights of
indigenous peoples are very special and broad at the same time, because their range
encompasses all kinds of human rights.
7.b.Classification of indigenous peoples’ rights
7.b.i. The right to self-determination
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Being considered a sine qua non prerequisite for the enjoyment of all other rights of
indigenous peoples (Department of Economic and Social Affairs of the United Nations
Secretariat, 2009), Article 3 and Article 4 of the Declaration make concrete references
to that right and pose the main principles on its interpretation as far as indigenous
peoples are concerned.
In particular, the right to self-determination of indigenous peoples consists of the
following aspects which are also met in a series of provisions of the Declaration (InterParliamentary Union, 2014):

it entails the right to “freely determine their political status and
freely pursue their economic, social and cultural development”, as
Article 3 of the Declaration provides;

their autonomous governance in terms of administrating and
financing their communities, as Article 4 of the Declaration entails;

respect and implementation of treaties and agreements concluded
between indigenous peoples and third parties(e.g. states or other,
non-indigenous groups)

the free, prior and informed consent that governments must seek to
obtain before proceeding to the implementation of projects affecting
indigenous peoples and their rights whatsoever, as reflected by
Article 19 of the Declaration;

in the same extent with the latter, their right to participate in
decision-making processes on issues that may affect them with their
own representative institutions, pursuant to Article 18 of the
Declaration (United Nations Office of the High Commissioner on
Human Rights, 2013);
As mentioned above, the respect to the indigenous peoples’ right to self-determination
is deemed as inextricably interwoven with the enjoyment of the rest of their rights,
despite the political notion that initially the former emerges. In respect to that
perspective, among other indicators adopted by actors involved in promoting indigenous
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peoples’ well-being, the way that these people have been able to self-determine their
own fate has also been taken into account.
Notwithstanding the aforementioned principles, there are certain actions held that
jeopardize the right of indigenous peoples to self-determination. According to studies
on the situation of indigenous peoples, controversy arises on the conflict of opposing
interests: on the one hand, the aspects of the right of indigenous peoples to selfdetermination and the respective necessity of not being ignored and, on the other hand,
the economic and trade decisions taken in upper levels that overcome the local needs
and worries. Hence, actions aiming at safeguarding indigenous peoples’ selfdetermination and sustainable development, especially in terms of environmental
protection, are obstructed (Department of Economic and Social Affairs of the United
Nations Secretariat, 2009).
Last but not least, the right to self-determination, in conjunction with the definition of
indigenous groups as “peoples” has led to controversy between involved actors,
especially during the period before the adoption of the Declaration. Given that the use
of the two aforementioned terms might imply the right to establish separate and
sovereign state entities, governments were suspicious and were keeping a negative
stance. Nevertheless, the self-determination of indigenous peoples, especially when
interpreted in an era following the decolonization one, mainly encompasses the right to
self-govern their internal affairs so as that they be distinguished from groups defined as
“minorities”. It is also characterized as “collective self-determination” in order to ensure
that indigenous people are entitled a series of rights as collective entities, overcoming
thus the self-centered approach of other human rights treaties (Gioupsanis, 2006).
Article 46 paragraph 1 of the Declaration seems to resolve the controversy described
above:
“Nothing in this Declaration may be interpreted as implying for any State,
people, group or person any right to engage in any activity or to perform
any act contrary to the Charter of the United Nations or construed as
authorizing or encouraging any action which would dismember or impair,
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totally or in part, the territorial integrity or political unity of sovereign
and independent States.”
7.b.ii. Economic rights
Given that indigenous peoples represent the 15% of world’s poor, the economic
dimension of their rights becomes more than significant, in light also of the Goal 1 of
the Sustainable Development Agenda (“No Poverty”). Besides, their right to
development, as also enshrines in Article 23 of the Declaration, can be adequately
served under the prerequisite that these peoples are successfully involved in economic
activities, in conjunction also with their right to be self-determined.
Utilization of their own lands
To begin with, indigenous peoples are strongly connected, economically and culturally,
with their own lands and resources. According to Article 26 of the Declaration, they
shall enjoy property rights on their lands and resources, as well as the unperturbable
utilization of the latter. Nevertheless, despite progress made in terms of recognizing
indigenous lands in domestic legal orders, the collective right of indigenous peoples on
their own lands are very often violated. Actually, many projects adopted, escorted with
actions taken by public or private actors, dismantle the bond between indigenous
peoples and their lands without also the free, prior and informed consent of the former.
In particular, in many cases, indigenous people are subject to forced displacement,
denial of autonomous self-governance of their lands and resources or they see their
lands being expropriated in the name of projects aiming either to development by the
establishment of infrastructure and industries or to the conservation by creating
protected areas in which indigenous territories are included, as well (Special Rapporteur
of the Human Rights Council on the Rights of Indigenous Peoples, 2016). By virtue of
the latest Report of the Special Rapporteur of the Human Rights Council on the rights of
indigenous peoples, the loss of control over their lands in the name of conservation has
not led to the expected results, whilst in some occasions, the consequences have been
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the completely opposite. Moreover, authorities often remain stagnant to provide
restitution to indigenous peoples for the lands that have been expropriated11.
Employment and labour rights
Furthermore, the employment of indigenous peoples(collectively) and persons and the
respective labour rights are of utmost importance under the principles posed by
Sustainable Development Goals, and mainly Goal 8 which is titled “Decent Work and
Economic Growth”. Besides, labour rights are protected by universal human rights
treaties such as the International Covenant on Economic, Social and Cultural Rights
(Articles 6-8) and the International Covenant on Civil and Political Rights (Article 22).
Specially focused on indigenous peoples, Article 17 of the pertinent Declaration
provides that “indigenous individuals and peoples have the right to enjoy fully all rights
established under applicable international and domestic labour law”, while Article 20
of the legally binding ILO Convention No.169 endorses the positive obligation of states
to undertake special measures in order to guarantee their protection and equal treatment
in labour market (Swepston, 2005).
Notwithstanding the aforementioned provisions regarding their labour rights, according
to ILO, indigenous individuals have to overcome serious obstacles in order to be
employed under the standards of decent work. As already described, the loss of access
to their lands and natural resources alienates them from their traditional economic
activities (e.g. agriculture). The latter also, where exercised, cannot generate income
considered to be adequate for the well-being of these people. Moreover, lack in
vocational education and in skills requested in the modern labour markets, as well as the
negative stance against the recognition of traditional skills of indigenous persons, lead
them to be employed in informal economy. Thus, there are no guarantees for them in
terms of equal treatment, social security services, contractual protection and personal
health and safety. Risk of exploitation, especially for women and girls, and forced
labour always arises. However, in its SDGs and indigenous peoples approach, ILO
11
The whole document (A/71/229) including the Report of the Special Rapporteur of the Human
Rights
Council
on
the
Rights
of
Indigenous
Peoples
is
available
at:
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/71/229.
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reiterates that they are attributed could be utilized in order to achieve decency in their
labour and new perspectives as far as their employment is concerned (International
Labour Organization, 2016).
7.b.iii. Social rights
Health and access to health care
One of the major challenges emerging under the framework of 2030 Agenda for
Sustainable Development is the one crystallized in Goal 3, namely the achievement of
“Good Health and Well-Being”. Indigenous peoples of course could not be excluded
from its scope.
The right to health, enshrined also in Article 12 of the International Covenant on
Economic and Social Rights, acquires a dual dimension when it comes to the
indigenous peoples’ rights, as also provided in the Declaration: on the one hand, the
indigenous individuals’ right to equal enjoyment of the highest attainable standard of
physical and mental health (Article 24 para.2), of access to health and social services
without being discriminated (Article 24 para.1) and, on the other hand, the collective
right of indigenous peoples to utilize their traditional medicines and to maintain their
health systems and practices(Article 24 para.1). As far as the collective approach on the
right to health is concerned, indigenous peoples consider health as a situation related not
only to the physical and mental well-being of an individual, but also as a situation of
spiritual normality for each one of their communities as a whole, without also
undermining the factor of their relationship with nature12.
Notwithstanding the existence of internationally accepted standards, the enjoyment of
the aforementioned perspectives of the right to health have not yet been completely
achieved, whilst the access to health and social services remains a major problem
affecting indigenous peoples all over the world (Inter-Parliamentary Union, 2014).
12
Indigenous peoples, pursuant to their distinct worldview, consider the concept of health as follows:
“For indigenous peoples, health is equivalent to the “harmonious coexistence of human beings with
nature, with themselves, and with others, aimed at integral well-being, in spiritual, individual, and
social
wholeness
and
tranquility”.
Retrieved
from:
http://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_chapter5.pdf
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According to statistics of the UN Permanent Forum on Indigenous Issues, in the
beginning of the current decade, in regions of the world where a significant number of
indigenous peoples reside, the gap in life expectancy between indigenous and nonindigenous populations ranges from 6 to 20 years 13.
The situation described above, amounting to breach of the indigenous peoples’ right to
an adequate standard of living, health and well-being, could be attributed to a multiple
reasons deriving from the already presented exclusion practices. In fact, the issue of
dispossession and exploitation of indigenous peoples’ lands arises once more.
Contamination of their lands and forced displacements away of them renders these
people more vulnerable to many diseases attributed to the use of pesticides, diabetes,
malnutrition, malaria, tuberculosis, HIV/AIDS and disability. Regarding the mental and
psychological aspect, it is reported that suicide rates among indigenous peoples are also
higher in comparison to the one of non-indigenous populations (International Labour
Organization, 2016). Furthermore, the ignorant stance against traditional medicines and
practices not only deprives humanity from knowledge of great value in a sustainable
development framework, but also it amplifies the differences between health systems of
indigenous and western type, resulting in harmful effects to indigenous individuals.
Besides, it is alleged that no technical or financial aid is provided to indigenous health
systems, whilst indigenous peoples are excluded from decision-making processes
regarding health systems of states in which they reside. In addition, violence against
indigenous women, committed within either indigenous communities or by persons not
belonging to them, is met in high levels, constituting thus a serious abuse to a series of
fundamental rights, including the one on health (Department of Economic and Social
Affairs of the United Nations Secretariat, 2009).
Living within a healthy environment
Indigenous peoples’ well-being also presupposes their very subsistence within a healthy
environment. The right to the latter is widely addressed during the last years and the
13
The relevant statistics refer to countries located in the Americas, Asia and Oceania. The respective
table is available at: http://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_web.pdf,
p.159
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2030 Agenda recognizes its importance with Goal 13 referring to the “Climate Action”,
as well as Goals 14 (“Life Below Water”) and 15(“Life on Land”) which are related to
the biodiversity characterizing ecosystems surrounding indigenous peoples’ lands.
Besides, the Preamble of the Declaration recognizes that the proper management of the
environment, in conjunction with sustainable and equitable development, can be
achieved whether indigenous knowledge, culture and traditional practices are respected
(International Labour Organization, 2016).
The right to health environment shall be understood in conjunction with indigenous
peoples’ rights on their traditional lands and the special relationship that they have
established on and with them. Hence, the preservation of their lands and natural
resources encompassed to the former is of utmost importance. Nonetheless, the already
mentioned land-scale projects adopted in the name of development in these areas put the
environment in which indigenous peoples live in great jeopardy without the latter being
involved whatsoever or providing their free, prior and informed consent. Furthermore,
climate change affects negatively the living conditions of indigenous peoples due to
their indivisible bond with their natural surroundings. Even though, as mentioned in the
previous paragraph, their traditional knowledge and practices could be utilized in efforts
of climate actions, relevant initiatives have not yet been efficiently launched for the
shake of exclusionary policies in this field. Climate change and its disproportionate
negative effect upon indigenous peoples is also threatening the biodiversity of their
territories, meaning that these environmental alterations may alter themselves a variety
of indigenous peoples’ life aspects, including, but not exhausted at: traditional economic
activities (e.g. agriculture, fishing, hunting), cultural practices, especially those operated
in specific spiritual natural sites, as well as their health situation. Last but not least,
indigenous peoples living in forests are subject to the problem of deforestation which
leads to similar to the aforementioned negative impact to their very existence
(Department of Economic and Social Affairs of the United Nations Secretariat, 2009).
7.b.iv.Cultural rights
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Although many rights of indigenous peoples have been classified either as economic or
as social, the cultural notion stems from all aspects of indigenous peoples’ lives. Their
collective cultural rights, exercised as factors of self-identification and of remedying
historic injustices against them, are met in 17 out of the 46 Articles of the Declaration
(Stamatopoulou, 2011). Being vulnerable to assimilation practices and facing the danger
of extinction, there is no doubt that the culture of indigenous peoples is in need of
protection in all levels. Self-determination remains indispensable, since a major weapon
against violation practices is the autonomy of indigenous peoples in adjusting their own
cultural issues (Inter-Parliamentary Union, 2014).
Cultural and spiritual relationship with their own lands
Apart from the economic aspect of property rights, indigenous peoples’ lands are
indivisible with their culture. In other words, as also provided by Article 25 of the
Declaration, indigenous peoples have established spiritual relationships with nature and
subsequently their lands The latter constitute part of their worldview and it is
interrelated with their whole cultural activity, including customs, rituals, beliefs and
their religious manifestations. Their lands, actually nature in general (known also as
“Mother Earth”), is considered to be sacred and the described relationship with their
lands shape their own distinct identity as indigenous peoples (Department of Economic
and Social Affairs of the United Nations Secretariat, 2009). According to experts,
respect to identity constitutes a precondition for respecting human dignity. Therefore,
riving the cultural bond between indigenous peoples and nature may end up to denial of
their very human dignity (Stamatopoulou, 2011). The problematic referring to their
separation from their lands has already been presented.
Linguistic rights
Additionally, linguistic issues arise when discussion about cultural rights. In spite of the
recognition of indigenous peoples’ rights to preserve, develop and transmit their
languages to future generations (Article 13 of the Declaration), the majority of
indigenous languages, on which the world’s linguistic richness is attributed (indigenous
languages are equivalent to 5,000 of entire world’s 6,000 spoken languages), are in
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jeopardy and stand at the edge of extinction. This situation could be deemed as the
impact of a series of assimilation policies, accused also for ending up in “linguistic
genocides”, which have been taking place for many years, especially before
strengthening the international protection of indigenous rights 14 . The aforementioned
worries, in case of being materialized, it would entail a significant loss on the oral and
intangible cultural heritage of indigenous peoples (Inter-Parliamentary Union, 2014).
Moreover, initiatives taken in international level by specialized bodies, especially under
the auspices of UNESCO, have not yet reached to a final result. In fact, it is preferable
that the revitalization and preservation of indigenous languages be examined in
conjunction with educational affairs, as an aspect of cultural rights (Department of
Economic and Social Affairs of the United Nations Secretariat, 2009).
Education
Concerning the provision of education as a fundamental human right, enshrined in all
relevant international treaties, Article 14 of the Declaration provides not only the right
of indigenous peoples to establish educational methods and institutions in their own
language (paragraph 1), but also addresses the right of indigenous individuals to have
access in all forms of education provided by states (paragraph 2). The unhampered
enjoyment of both the aforementioned aspects of the right to education stands in
accordance with the visions of the 2030 Agenda for Sustainable Development,
especially with Goal 4(“Quality Education”). The aforementioned perspective in
addressing the issue of the education of indigenous peoples is of great importance. In
particular, indigenous peoples are often excluded from educational systems due to their
territorial or political marginalization. Moreover, young children are very frequently
obliged to work, especially by contributing to the economic activities of their family
and community15. Therefore, rates regarding educational achievements are by far lower
According to the comprehensive study on the “State of World’s Indigenous Peoples” of the
Permanent Forum on Indigenous Peoples, it is estimated that about 90% of world’s languages will have
become
extinct
in
100
years.
Retrieved
from:
http://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_web.pdf, pp.68-69
15
Añú girl, an 11-year old Venezuelan girl of indigenous origin had once said the following:
“I went from first to third grade… but gave up going to school some two months ago because I was
working, fetching water, helping my mother, and therefore the teacher took me off the list”.
14
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than the ones of non-indigenous peoples 16 . In addition to the aforementioned, their
traditional skills are often ignored and the lack of quality education leads to lower
qualification and, thus, to incapability to operate in ways serving their collective
sustainable development (International Labour Organization, 2016).
Notwithstanding that access to education systems is deemed as a prerequisite for the
enjoyment of quality education and for eradicating disparities in this field, the Special
Rapporteur on the Rights of Indigenous Peoples shared before a decade some concerns
on a possible outcome of the inclusion of indigenous peoples in formal education
systems. Although the opportunities for acquiring qualifications facilitating their
personal development and their inclusion in the broader world may be increased, the
risk of being assimilated and losing basic elements of their cultural identity lurks
(Special Rapporteur on the situation of human rights and fundamental freedoms of
indigenous peoples, 2005).
Therefore, the provision of education adjusted in indigenous peoples’ identity and not of
assimilating nature constitutes a guarantee for the protection of their own cultural
aspects. In light of the aforementioned provisions of the Declaration and the rest of
indigenous peoples’ rights, considering indigenous priorities when forming educational
policies could be beneficial (Department of Economic and Social Affairs of the United
Nations Secretariat, 2009).
8. CORRELATION BETWEEN THE 2030 AGENDA FOR SUSTAINABLE
DEVELOPMENT
AND
INDIGENOUS
PEOPLES’
RIGHTS
AND
PRIORITIES
8.a. Indigenous peoples as “agents of change”
16
These rates refer to a series of indicators regarding school attendance and quality of education,
including but not exhausted to: years of schooling, high-school graduation, possibilities of dropout
from primary school. The aforementioned statistics refer to countries where many indigenous peoples
reside (e.g. USA, Australia, Canada and countries of Latin America) and are available at:
http://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_web.pdf, p.143 et seq.
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It has been already mentioned that the 2030 Agenda pays specific attention not only to
satisfying basic necessities of indigenous peoples, but also, as reflected in paragraph 52
of the respective Resolution, it aims to render them active participating actors in the
process of implementing the SDGs and in the follow-up and review period on the
achievement in terms of progress for indigenous peoples (The United Nations
Permanent Forum on Indigenous Issues, 2016). Besides, indigenous peoples have been
one of the nine major groups that are officially represented within the UN system and
took part in the negotiations that led to the adoption of the 2030 Agenda (United
Nations Permanent Forum on Indigenous Issues, 2016 and International Work Group
for Indigenous Affairs, 2016).
By virtue of ILO’s approach to the correlation between SDGs and indigenous peoples,
where the term: “agents of change” has been introduced, the involvement of indigenous
peoples in applying policies related to the implementation of SDGs constitutes a
precondition for achieving a comprehensive and sustainable development, since their
potential contribution varies. In particular, their traditional knowledge and practices can
be utilized in order to ensure, among others: proper management of natural resources,
application of sustainable methods in agriculture and food security, economic growth
which does not ignores the environmental impact, sustainable living conditions and
environment-friendly social and economic activities (International Labour Organization,
2016).
Being also stakeholders in the implementation of the 2030 Agenda, indigenous peoples
are anticipated to be involved in the following stages of implementation, by providing
their knowledge, experience and presenting their requests. In addition, the crucial
participatory role of indigenous peoples is proved by the fact that the majority of
measures implementing the 2030 Agenda are to be adopted in national level. As
reiterated by the Expert Group Meeting held under the auspices of the UN Permanent
Forum on Indigenous Issues in 2016, indigenous peoples must be able to be represented
and express their development priorities during the procedure of forming the respective
national action plans. The latter could be also supported pursuant to their right of self-
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determination, given the aforementioned analysis on the aspects of that right(United
Nations Permanent Forum, 2016).
The inclusion of indigenous peoples in the processes regarding the implementation of
the 2030 Agenda implies their monitoring role and their participation in accountability
mechanisms. In the same context, the 2030 Agenda also asks from indigenous peoples
to monitor themselves their contribution, whilst paragraph 38 of the Report published
after the works of the Expert Group Meeting mentioned above highlights that
indigenous peoples shall carry out their reporting and monitoring duties by bringing any
issue arisen before all relevant bodies operating in international and regional level.
8.b. Implementation of the 2030 Agenda for Sustainable Development in
conjunction with the protection of indigenous peoples’ rights
As implied with the references to the 2030 Agenda for Sustainable Development in the
previous parts of the Study Guide, the gradual application of the Sustainable
Development Goals favors the satisfaction of a series of rights related to indigenous
peoples, mainly those with an economic, social and cultural aspects. In fact, indigenous
peoples are prone to mitigations related to social, economic, cultural and environmental
indicators, meaning that SDGs aiming to combat such problems and inequalities may be
deemed as the most crucial for indigenous peoples 17 . However, a system-based
approach, namely a consideration of each and every one of the SDGs as pertaining an
aspect related to the amelioration of the enjoyment by indigenous peoples’ rights and
living conditions (International Labour Organization, 2016)18.
Therefore, being involved in the implementation of the SDGs, indigenous peoples tend
to overcome historical injustices committed against them. According to ILO’s displays
and recent studies upon the matter, the implementation of the 2030 Agenda, actually of
all 17 Goals, is coherent to amelioration in living conditions of indigenous peoples in
Paragraph 16 of the “Report of the Expert Group Meeting on Indigenous Peoples and the 2030
Agenda”, conducted in the name of the UN Permanent Forum on Indigenous Peoples, includes the
following SDGs: Goal 1, Goal 2, Goal 3, Goal 4, Goal 5, Goal 13, Goal 15 and Goal 16
18
An holistic overview of all SDG aspects as far as indigenous peoples are concerned is provided by
the ILO in the following link: http://www.ilo.org/wcmsp5/groups/public/---ed_emp/--ifp_skills/documents/publication/wcms_503715.pdf
17
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many contexts and their inclusion in what is defined as “Sustainable Development”,
contrary to the previously existing status of MDGs, in which their priorities had been
completely obscured.
The majority of SDGs related to indigenous peoples’ rights have been already
presented. In addition, Goal 10 (“Reduced Inequalities”) reflects a general principle of
great importance19 for indigenous peoples (UN Permanent Forum on Indigenous Issues,
2016). The former functions as a prerequisite for the enjoyment of the rest of the
indigenous peoples’ rights, since these peoples are subject to a disadvantageous status in
many aspects of their lives, including, but not exhausted to: economic rights, use of
their lands, education, access to health care, protection of the environment etc.
Therefore, Goal 10 crystallizes the main message of the 2030 Agenda: “no one shall be
left behind”.
8.c. Threats arising in light of the implementation of the 2030 Agenda for
Sustainable Development
Notwithstanding that indigenous peoples have been closely involved in the formation of
the 2030 Agenda and share hopes regarding the benefits that its implementation may
provoke, there have been certain worries and requests of indigenous peoples’
representatives that were not included in the respective Resolution of the UN General
Assembly
Specifically speaking, the suspicion and anxiety of indigenous peoples is, firstly, based
on the absence of any reference concerning their right to self-determination and their
collective rights to land, territories and natural resources. Even though they could be
interpreted in the light of the Declaration or the Outcome Document of the WCIP, the
lack of concrete references gives birth to controversy and questions posed by the side of
19
According to paragraph 14 of the previously mentioned report of the Expert Group Meeting on
Indigenous Peoples and the 2030 Agenda
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indigenous stakeholders. Therefore, all those aspects deriving from the Declaration and
other international instruments, such as the necessity of prior, free and informed consent
for any action affecting them and the recognition of their traditional practices and of the
biodiversity. Moreover, the 2030 Agenda is blamed for the lack of a comprehensive
approach of development and of cultural aspects related to indigenous peoples. For
instance, there is no definite provision in the 2030 Agenda dedicated to education
connected with the protection and revitalization of their languages (United Nations
Permanent Forum on Indigenous Issues, 2016).
In addition to the aforementioned, it is also alleged that the issue of a possible conflict
between economic interests and the environment, both of major importance for the
application of the 2030 Agenda, is not adequately addressed. Actually, the described
above problematic of large-scale development projects is amplified by taking into
account the accusations of lack in provisions entailing specific obligations for private
sector and its initiatives. In the same perspective, certain provisions might not include
indigenous peoples within their scope, although they should belong to them20, whilst
many indicators do not take into account indigenous priorities (International Work
Group for Indigenous Affairs, 2016).
Lastly, the implementation of SDGs by exercising policies in national level may lead to
abuses of indigenous peoples’ rights, especially in cases that they are excluded and
marginalized instead of participating in the relevant decision-making processes. In the
same context, the UN Permanent Forum on Indigenous Issues has stressed out that the
balance between indigenous peoples and the nature surrounding them may be put at risk
if SDGs are not materialized in a way integrating indigenous concerns and without
disseminating efficiently the message of the 2030 Agenda to indigenous peoples
(United Nations Permanent Forum on Indigenous Issues, 2016).
For example the definition of “extreme poverty” of in Target 1.1(Goal 1: “No Poverty”), which
refers to persons living with less than 1.25 US Dollars per day. It is alleged that the latter does not
considers the special situation of indigenous peoples.
20
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9. CONCLUSION
The United Nations and all involved actors have committed themselves in implementing
the comprehensive plan of the 2030 Agenda for Sustainable Development. Indigenous
peoples constitute one of the groups anticipating a lot from its implementation as far as
the adequate enjoyment of their rights is concerned. Nevertheless, shortcomings seem to
emerge and also new roles that indigenous peoples shall undertake. In this crossroad,
United Nations have to address the issue of fulfilling all expectations: the protection of
indigenous rights and the realization of the SDGs which color and influence our
approach towards the former.
10. POINTS TO BE ADDRESSED
The resolution conducted by the delegates of the 3rd Committee of the UN General
Assembly may, at least, give response to the following issues:

Ways of guaranteeing the highest possible level of protection for indigenous
peoples’ rights described above(mainly economic, social and cultural rights), as
provided by the Declaration and the rest of international and regional
documents;

Effective exercise of indigenous peoples’ rights to self-determination, to all of
its aspects, as far as measures implementing the 2030 Agenda are concerned;

Suggesting measures for promoting the full enjoyment of the indigenous
peoples’ rights, the cease of the inequalities and the amelioration of their living
conditions in conjunction with the achievement of related SDGs;

Ways of efficient involvement of indigenous peoples in the application of the
2030 Agenda;

Principles that shall be followed while implementing the 2030 Agenda as far
as the protection of indigenous peoples’ rights are concerned;

Assessing risks inherent to the implementation of the 2030 Agenda and
suggesting preventive or alleviating measures;
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
Measures monitoring the implementation of the 2030 Agenda in terms of
safeguarding indigenous peoples’ rights;

International cooperation in order to achieve the aforementioned Goals and
cooperation with indigenous representative institutions;
11. FURTHER READING

The
UN
Declaration
on
the
Rights
of
Indigenous
Peoples:
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

Resolution 70/1 “Transforming our World: the 2030 Agenda for
Sustainable Development”:
http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang
=E

The ILO Convention No.169:
http://www.eods.eu/library/ILO_Indigenous%20and%20Tribal%20Peopl
es%20Convention_1989_EN.pdf

The American Declaration on the Rights of Indigenous Peoples:
http://www.narf.org/wordpress/wp-content/uploads/2015/09/2016oasdeclaration-indigenous-people.pdf

Statement of Ms. Victoria Tauli-Corpuz, Special Rapporteur on the
Rights of Indigenous Peoples, at the 71st session of the General
Assembly:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsI
D=20748&LangID=E

“Rights of indigenous peoples”, Report of the Special Rapporteur of the
Human Rights Council on the rights of indigenous peoples, Victoria
Tauli-Corpuz, submitted in accordance with Human Rights Council
resolution
30/4:
http://www.un.org/ga/search/view_doc.asp?symbol=A/71/229
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
Report of the Expert Group Meeting on Indigenous Peoples and the 2030
Agenda, issued by the UN Permanent Forum on Indigenous Issues:
http://www.un.org/esa/socdev/unpfii/documents/2016/15thsession/REPORT-OF-THE-EXPERT-GROUP-MEETING-ONINDIGENOUS-PEOPLES-AND-AGENDA-2030.pdf

“2030 Agenda: Recognition for indigenous peoples, a challenge for
governments”, issued by the Chairperson of the UN Permanent Forum on
Indigenous Issues:
http://www.undp.org/content/undp/en/home/blog/2016/8/9/Agenda2030-un-reto-para-los-Estados-y-un-reconocimiento-para-los-pueblosind-genas-lvaro-Pop.html

“The Cultural Rights of Indigenous Peoples: Achievements and
Continuing Challenges” by Siegfreid Wissner:
http://ejil.org/pdfs/22/1/2128.pdf

“UNIPP Success Stories”: http://www.ilo.org/wcmsp5/groups/public/--dgreports/---nylo/documents/publication/wcms_243275.pdf

“Sustainable Development Goals: Indigenous Peoples in Focus”, issued
by ILO: http://www.ilo.org/wcmsp5/groups/public/---ed_emp/--ifp_skills/documents/publication/wcms_503715.pdf

“2030 AGENDA FOR SUSTAINABLE DEVELOPMENT GOALS”,
issued by the International Work Group for Indigenous Affairs:
http://www.iwgia.org/images/stories/sections/humanrights/IW2016/2030_Agenda_for_Sustainable_Development_Goals_IW
2016_web_redu.pdf
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