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Indicators for Monitoring the Un Declaration on the Rights of Indigenous Peoples

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Indicators for Monitoring the Un Declaration on the Rights of Indigenous Peoples INDICATORS FOR MONITORING THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES A solid framework and a practical tool for assessing the implementation of UNDRIP’s provisions. The indicators serve to detect gaps in implementation, hold duty-bearers accountable, and devise implementation strategies. 1 WHAT IS THE INDIGENOUS NAVIGATOR? The Indigenous Navigator comprises a set of tools for monitoring indigenous peoples’ rights and development. One of these tools is a set of indicators, which serve to pinpoint what to look for when measuring whether the provisions of UNDRIP are implemented in a given community or country. The indicators are structured around 13 thematic domains reflected in UNDRIP and have been systematically developed with a solid foundation in the OHCHR’s methodology for developing human rights indicators.1 Like all other human rights instruments, UNDRIP comprises standards on specific rights and cross-cutting human rights norms. The first step towards identifying the indicators has therefore been to identify the attributes – or building blocks – contained in UNDRIP. Subsequently, measurable indicators have been identified with a view to capturing States’ duties to respect, protect and fulfil indigenous peoples’ human rights. The indicators framework comprises: Structural indicators, which assess the legal and policy framework of a given country. Process indicators, which measure the states’ ongoing efforts to implement human rights commitments through programs, budget allocations, etc. Outcome indicators, which capture the actual enjoyment of human rights by indigenous peoples. The indicators can also be used to measure essential aspects of the SDGs as well as the commitments made by States at the 2014 World Conference on Indigenous Peoples. You can find more technical information about the indictors, as well as questionnaires for data collection and other tools at: http://www.indigenousnavigator.org/ 1 OHCHR (2012), Human Rights Indicators. A Guide to Measurement and Implementation. 2 THE 13 THEMATIC DOMAINS REFLECTED IN UNDRIP 3 UNDRIP Key attributes Indicators GENERAL ENJOYMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS WITHOUT DISCRIMINATION General enjoyment of human rights and fundamental freedoms Ratification of ICCPR; ICESCR, ICERD, CRC, CEDAW; fundamental ILO Art. 1: Indigenous peoples have the right to the full enjoyment, as a Conventions, ILO Conventions Nos. 107, 169, American Convention on Human collective or as individuals, of all human rights and fundamental Rights, African Charter on Human and Peoples. freedoms as recognized in the Charter of the United Nations, the Implementation of recommendations from the Universal Periodic Review, UN Universal Declaration of Human Rights, and international human Treaties, UN Special Rapporteur on the Rights of Indigenous Peoples, the ILO rights law. supervisory bodies and regional human rights mechanisms concerning the situation of indigenous people. Art. 38: States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative Existence of laws that are in direct violation of indigenous peoples’ rights. measures, to achieve the ends of this Declaration. Full enjoyment, as a Art. 46(2): In the exercise of the rights enunciated in the present collective or as Declaration, human rights and fundamental freedoms of all shall be individuals, of all human respected. The exercise of the rights set forth in this Declaration shall rights and fundamental be subject only to such limitations as are determined by law and in freedoms. National action plans developed by States, in consultation and cooperation accordance with international human rights obligations. Any such with indigenous peoples, to achieve the ends of the UNDRIP. limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. Art. 46(3): The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, Initiatives to promote awareness of UNDRIP among members of legislatures, respect for human rights, equality, non-discrimination, good the judiciary and the civil service undertaken by States. governance and good faith. Non-discrimination Art. 2: Indigenous peoples and individuals are free and equal to all Indigenous peoples and Special measures within national action plans to promote and protect the other peoples and individuals and have the right to be free from any individuals are equal to rights of indigenous persons with disabilities and continue to improve their all other peoples and social and economic conditions. 4 UNDRIP Key attributes Indicators kind of discrimination, in the exercise of their rights, in particular that individuals in the Proportion of sustainable development indicators produced at the national based on their indigenous origin or identity. exercise of their rights, level with full disaggregation [including with regards to indigenous identity] in particular that based when relevant to the target, in accordance with the Fundamental Principles of on their indigenous Official Statistics. origin or identity. Disparities in the data concerning the achievement of the SDGs by indigenous peoples, as compared to other sectors of society. Proportion of [indigenous] population reporting having personally felt discriminated against or harassed within the last 12 months on the basis of a ground of discrimination prohibited under international human rights law. Gender equality Art. 44: All the rights and freedoms recognized herein are equally Equal enjoyment of Special measures to promote capacity building and strengthen leadership of guaranteed to male and female indigenous individuals. rights and freedoms by indigenous women. male and female Disparities in the data concerning the achievement of the SDGs by indigenous indigenous individuals. women as compared to indigenous men and as compared to non-indigenous women. SELF-DETERMINATION Self-determination Art. 3: Indigenous peoples have the right to self-determination. By Respect for indigenous virtue of that right they freely determine their political status and peoples' right to self- The collective rights of indigenous peoples to self-determination, i.e. to freely freely pursue their economic, social and cultural development. determination. determine their political status and freely pursue their economic, social and Preamble: [Recognition of] the inherent rights of indigenous peoples cultural development, is recognized in the constitution or other forms of which derive from their political, economic and social structures and superior law. from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources. Preamble: (…) indigenous peoples possess collective rights which are Recognition of indigenous peoples’ distinct identity in the constitution or indispensable for their existence, well-being and integral development national legislation based on self-identification. as peoples Self-government and autonomous institutions Art. 4: Indigenous peoples, in exercising their right to self- Self-government in Recognition of indigenous peoples’ right to self-government in national determination, have the right to autonomy or self-government in internal and local affairs. legislation. 5 UNDRIP Key attributes Indicators matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Recognition and Recognition of indigenous peoples’ self-governing institutions and territories in Art.5: Indigenous peoples have the right to maintain and strengthen development of distinct the political-administrative structure of the State. their distinct political, legal, economic, social and cultural institutions political, legal, (…) economic, social and Existence of indigenous peoples' self-governing institutions. cultural institutions. Ways and means for State special measures to strengthen capacity of indigenous peoples’ Art. 18: Indigenous peoples have the right to (…) maintain and financing the functions representative institutions. develop their own indigenous decision-making institutions. of self-government Allocation of public funds (from central/local government) to indigenous institutions. peoples’ self-government institutions. Art. 20(1): Indigenous peoples have the right to maintain and develop Planning of local development is handled by indigenous peoples’ autonomous their political, economic and social systems or institutions (…) institutions. Art. 33(2): Indigenous peoples have the right to determine the Issues concerning land and resource use are handled by indigenous peoples’ structures (…) of their institutions in accordance with their own autonomous institutions. procedures. Art. 34: Indigenous peoples have the right to promote, develop and Education programs are handled by indigenous peoples’ autonomous maintain their institutional structures (…) institutions. Art. 39: Indigenous peoples have the right to have access to financial and technical assistance from States and through international Health programs are handled by indigenous peoples’ autonomous institutions. cooperation, for the enjoyment of the rights contained in this Declaration. Customary law Art. 34: Indigenous peoples have the right to promote, develop and Recognition
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