This "overcompliance" does not indicate or imply that such states are completely complying with international indigenous-rights standards as articulated in the UNDRIP
, the United Nations Declaration on the Rights of Indigenous Peoples.
The UN conventions and declarations pertaining to Indigenous Peoples, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, 1969), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1981), and UNDRIP
(2007), have all seen participation by Indigenous leaders in Thailand, both in the preparation of shadow reports and their presentation in New York.
As chair of the National Commission on Indigenous Peoples from 2007 to 2010, I had the honor of helping draft the UNDRIP
. I saw first-hand the heroic efforts of Corpuz to ensure the passage of the UNDRIP
According to Article 3 of UNDRIP
, indigenous peoples have the right to self determination.
Article 8 of UNDRIP
is about governments having responsibility to ensure that forced assimilation does not occur and that effective mechanisms are put into place to prevent depriving Indigenous peoples of their cultural identities and distinctive traits, disposing them of their lands, territories or resources, population transfer which violates or undermines Indigenous rights, forced assimilation or integration, and discriminatory propaganda.
, supra note 39, art 12(1) [emphasis added].
One of the central principles articulated and affirmed throughout the UNDRIP
is Free, Prior and Informed Consent (FPIC).
While welcoming the shift of policy from the Harper Government's opposition to the Declaration, they cautioned that the Peace River Valley is now "Ground Zero for meaningfully implementing UNDRIP
and addressing impacts to First Nations rights."
Within the UN, two instruments address the rights of indigenous peoples: the 1966 International Covenant on Civil and Political Rights (ICCPR) (22) and the 2007 UN Declaration on the Rights of Indigenous Peoples (UNDRIP
The rights set out in the UNDRIP
are a helpful indication of the types of rights Indigenous communities ought to have control over for the well-being of those communities.
What gains have been made for Indigenous peoples since the adoption of the UNDRIP
, a non-binding instrument, offers more content on