United Nations Declaration on the Rights of Indigenous Peoples (2007)

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the UN General Assembly on 13 September 2007, after more than twenty years of negotiation. Indonesia voted in favour of its adoption.

Collective and Individual Rights

The Declaration recognises that indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights. It affirms their right to self-determination, by virtue of which they freely determine their political status and pursue their economic, social and cultural development (Article 3), and their right to autonomy or self-government in matters relating to their internal and local affairs (Article 4).

Land, Territories and Resources

Article 26 recognises the right of indigenous peoples to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired, and requires states to give legal recognition and protection to them with due respect to customs, traditions and land tenure systems.

Free, Prior and Informed Consent

A central principle of the Declaration is free, prior and informed consent (FPIC). States must consult and cooperate in good faith with indigenous peoples to obtain their FPIC before adopting legislative or administrative measures that may affect them (Article 19) and before approving projects affecting their lands or resources, particularly in connection with the development, utilisation or exploitation of minerals, water or other resources (Article 32).

Culture and Identity

The Declaration protects the right to practise and revitalise cultural traditions, languages and spiritual practices, to establish educational systems in their own languages, and to maintain and protect their cultural heritage and traditional knowledge.

In Indonesia

Article 18B(2) of the 1945 Constitution recognises and respects customary law communities (masyarakat hukum adat) and their traditional rights, so long as they remain in existence and are in accordance with societal development and the principles of the unitary state. In Decision No. 35/PUU-X/2012, the Constitutional Court held that customary forests are not state forests, a landmark ruling for the recognition of customary land rights.