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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