KATHMANDU, Nepal, May 07 (IPS) – A UN groundbreaking report published in 1982 laid the legal ground for defining the inalienable rights of Indigenous Peoples.
The document, written by José Martínez Cobo, a United Nations Special Rapporteur, analyzed the complex discrimination patterns faced by Indigenous Peoples.
If the international community is serious about protecting and safeguarding their rights, then it is indispensable to go back to one of the central questions raised in that report: the identity of indigenous people has always been intrinsically interconnected to their lands.
This tenant, now a legal concept mainstreamed in the international human rights jurisprudence, is with few exceptions, unheeded.
Disregarding and violating the rights of Indigenous Peoples to their own lands had led to disenfranchisement, alienation and countless suffering.
The relationship of Indigenous Peoples with their lands with all the measures needed to be enforced to protect it, are the foundations of United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted by the General Assembly on 13 September 2007.
Upholding the Declaration’s principles and ensuring its implementation remains one of the key challenges faced by Indigenous Peoples worldwide. It was also the theme of this year’s United Nations Permanent Forum on Indigenous Issues, (UNPFII) the most important UN sanctioned gathering of Indigenous Peoples.
In its 24th session, hosted at the UN HQ in New York from 21 April to 2 May 2025, discussions were focused on how power sharing should underpin any quests of implementing the UNDRIP.
Because, essentially and let’s not forget it, the UNDRIP, is about recognizing Indigenous Peoples’ power. Ensuring Indigenous Peoples’ rights to their lands is paramount if we really want to ensure an inclusive form of governance that respects them.
Discussions over more inclusive forms of governance for Indigenous Peoples should yield to venues for them to have a much stronger saying over their own affairs. After many years of advocacy and legal battles, there have been some victories.
New Zealand, before the rise to power of its current conservative government, and Canada made major strides to respect and uphold the sovereign rights of their Indigenous Peoples.
There have also been strides also on other fronts, more locally.
A research presented at last year’s session of the Forum, showed some encouraging practices. For example, the Sami Parliament in Norway, the concept of Indigenous Autonomies in Mexico City and some traditions from the Tharu and Newar Peoples of Nepal, do offer some models of self-governance.
But, overall, the picture is grim.
Despite the legal framework that has been established and despite many declarations, still, the right to self-determination of Indigenous Peoples, paramount to their quest towards autonomous decision making, is contested and fought back.
And the only way to ensure its realization is when states will accept that in case of governance, whenever the rights of Indigenous Peoples are implied, it should be shared.
To be clear, this process should not be seen as a devolution of power. Rather it should be understood as a legitimate reclamation of power. The just concluded UNPFII tried to underscore this concept.
One of the conclusions of this year’s session underscored that “there has been growing recognition of the need for formal UN mechanisms that ensure Indigenous Peoples’ meaningful participation in global governance”.
The Secretary General of the United Nations, Antonio Guterres, acknowledged, in his opening remarks at the Forum, the violations and abuses faced by Indigenous Peoples.
“The difficulties facing Indigenous Peoples around the world are an affront to dignity and justice. And a source of deep sorrow for me personally”.
The daunting challenges posed by climate warming and the imperative to transition to a net zero economy are going to further challenge the compliance of the UNDRIP.
At the 24th Session, a central focus was the role of Indigenous Peoples in the context of the extraction of critical minerals that are indispensable to ensure a just transition.
On this aspect, a major study, submitted by Hindou Oumarou Ibrahim and Hannah McGlad, two members of the Forum, highlighted that there is no quest for critical minerals nor any just transition unless Indigenous Peoples are put at the front of this epochal shift.
One of the key questions is to think how governments, already pressed by geopolitical imperatives and in many cases already not compliant with the UNDRIP, can really involve, engage and consult with Indigenous Peoples.
The principle of Free, Prior, Informed Consent (FPIC) a foundational pillar of the UNDRIP, is normally only paid lip service to. But without respecting the FPIC, there won’t be a “Just Transition”.
In this regard, the worst performers in upholding this right are often multilateral and bilateral banks. Some difficult questions must be solved.
What could be done to ensure that Indigenous Peoples are at the center of the decision making whenever their lives and lands are concerned?
How to shift from a legal landscape in which the few positive exceptions become the norm? How can Indigenous Peoples better channel their grievances and come forward with their own solutions?
The UNPFII remains the only major platform that Indigenous Peoples can leverage. Yet, no matter its relevance, we are still dealing with a tool driven by symbolism that holds no binding powers.
Certainly, we cannot forget the existence of the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on the rights of Indigenous Peoples.
If the former can offer valuable insights, the latter, as all the special procedures within the United Nations Human Rights Council, lacks teeth and enforceable powers.
One of the major requests at UNPFII, since several years, has been the appointment of a Special Representative or Advisor on Indigenous Issues to the Secretary General. Yet, even if this demand were to be fulfilled, such a new role would not lead to any substantial impact.
Even within the UNFCCC process, Indigenous issues do struggle to get attention. The recently approved Baku Work Plan could be seen just as unambitious document and the existing
The UNFCCC Local Communities and Indigenous Peoples Platform (LCIPP) is not only designed to dilute the voice of Indigenous Peoples but it is made ineffective by purpose.
More promising it is the upcoming debate to create an Indigenous Voice, the so called on Article 8(j), within the framework of the UN Convention on Biodiversity but the negotiations are going to be contentious.
The real crux is how to engage the many governments that, even now, do not recognize the unique identities of Indigenous Peoples. But here is still a lot that the United Nations system could do on its own.
This was a major point of discussion at UNPFII because UN agencies and programs must do a much better job at involving and engaging Indigenous Peoples beyond tokenism.
The probable restructuring process that the UN might be forced to undertake following the cuts in official aid by the new American Administration, should simplify its governance. But such redesign should lead to imagining new spaces that, at minimum, would enable Indigenous Peoples to have their voice heard.
The call for a “Second World Conference on Indigenous Peoples” to commemorate the twentieth anniversary of the UNDRIP in September 2027, offers an important opportunity for Indigenous Peoples.
But the advocacy work needed to hold such a historic event would only be justified if the focus in 2027 will be on measures to return the decision making to Indigenous Peoples. Essentially, any new World Conference on Indigenous Peoples should be centered on new forms of governance and power sharing.
These are the two key but inconvenient concepts that must be analyzed and discussed and ultimately internalized with the overarching goal of finally giving back Indigenous Peoples what is due.
Simone Galimberti writes about the SDGs, youth-centered policy-making and a stronger and better United Nations.
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© Inter Press Service (2025) — All Rights Reserved. Original source: Inter Press Service
