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Human Rights
Indigenous Peoples
Declaration on the Rights of Indigenous Peoples
Chronology of events since June 2006
- On 29 June 2006, the United Nations Human
Rights Council adopted the draft Declaration
on the Rights of Indigenous People by vote.
Of the 47 Member States of the Council 30 voted
for the Declaration and 2 against; there
were 12 abstentions and three Member States were
absent.
- At this time, New Zealand, along with
Australia and the United States, made a statement expressing serious concern about the process
leading up to the vote in the Human Rights
Council and about the text as tabled there.
The Human Rights Council referred the
draft Declaration to the United Nations General
Assembly for adoption. On 16 October 2006,
the Third Committee of the General Assembly
moved to consider this issue. New Zealand
made statement
on behalf of New Zealand, Australia and the
United States outlining
our difficulties with the Declaration.
- Namibia, on behalf of the Africa Group,
tabled amendments to the cover resolution
to the draft Declaration which called for deferral
of consideration and action on the draft
Declaration within the 61st session of the General
Assembly. This was adopted on 28 November in
a vote. New Zealand made a statement [external
link to NZ Permanent Mission to the UN] welcoming
this outcome.
- On 30 January 2007, the Assembly of the
African Union adopted a
decision [external
link to African Union website] that it
would maintain a united position on the draft
Declaration and would work alongside other Member
States to address the concerns of African States,
including with respect to self-determination,
lands and resources, free, prior and informed
consent and the definition of indigenous people.
- On 10 May, the Africa Group submitted
contributions and inputs on the draft Declaration
to the President of the General Assembly.
- New Zealand, with six other countries,
wrote to the President of the General Assembly
on 30 May 2007 reaffirming our commitment
to participating constructively in a consultation
process which is open to all Member States
and included indigenous peoples.
- The President of the General Assembly
subsequently (6 June) announced the appointment
of the Philippines Ambassador to the United
Nations in New York, HE Hilario G. Davide, to
conduct further consultations on the draft Declaration
in New York.
- Ambassador Davide released his report
on discussions with interested parties on
23 July. The report was inconclusive. He then
withdrew from his role as facilitator.
- New Zealand continued to work with a small
group of like-minded countries in New York
comprising New Zealand, Canada, Russia, Colombia,
Guyana and, initially Australia.
- The supporters of the Declaration and
the Africa Group continued to negotiate bilaterally.
Despite numerous attempts on our part, the
supporters resisted direct engagement with New
Zealand and other small group members while they
negotiated with the Africans.
- On 31 August we and the wider UN membership
were presented with the results of the deal
agreed between the supporters of the Chair’s
text and the African Group. The text contains
a less than perfect fix on the issue of self-determination
but does not satisfy our concerns on issues
of free, prior and informed consent, redress,
or lands and resources.
- Despite some minor amendments, the changes
made to the text did not address the other
major concerns that New Zealand had with the
text which bear on some of New Zealand’s
basic constitutional and legal arrangements and
which has New Zealand signalled throughout these
negotiations.
- On 13 September 2007 the UN General Assembly
met to consider the Declaration. The text was
adopted with 143 countries voting in favour,
4 against (Australia, Canada, New Zealand, United
States) and 11 abstentions (Azerbaijan, Bangladesh,
Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria,
Russia, Samoa, Ukraine).
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to Indigenous Peoples index
Page last updated: Wednesday, 22 July 2009 11:55 NZST