UNDRIP, ADRIP, and ILO 169: Your Rights as an Indigenous Person

Indigenous peoples worldwide are protected by three foundational international legal instruments. Together, they form the framework for indigenous rights, sovereignty, and self-determination. Every aboriginal North American should know what these instruments protect.

UNDRIP — The United Nations Declaration on the Rights of Indigenous Peoples

Adopted by the UN General Assembly on September 13, 2007, UNDRIP is the most comprehensive international statement of indigenous rights ever produced. The United States initially opposed it but reversed course and endorsed UNDRIP in 2010.

UNDRIP guarantees indigenous peoples:

• The right to self-determination (Article 3)

• The right to maintain and develop political, economic, and social institutions (Article 5)

• Freedom from forced assimilation or destruction of culture (Article 8)

• The right to belong to an indigenous community according to that community's customs (Article 9)

• Protection from removal from traditional lands without free, prior, and informed consent (Article 10)

• The right to practice and revitalize cultural traditions (Article 11)

• Recognition of treaties, agreements, and constructive arrangements (Article 37)

ADRIP — The American Declaration on the Rights of Indigenous Peoples

Adopted by the Organization of American States on June 14, 2016, ADRIP is the Western Hemisphere's regional version of UNDRIP. It builds on UNDRIP and includes additional protections specific to indigenous peoples in the Americas.

ADRIP recognizes:

• Indigenous peoples as full collective subjects of international law

• Spiritual and cultural relationship with traditional lands

• The right to autonomous governance

• Special protections for indigenous peoples in voluntary isolation

• The right to cultural identity and integrity

ILO Convention 169 — Indigenous and Tribal Peoples Convention

Adopted by the International Labour Organization in 1989, ILO 169 is a binding treaty (unlike UNDRIP and ADRIP, which are declarations). Countries that ratify it are legally bound by its provisions.

ILO 169 protects:

• The right to free, prior, and informed consent on matters affecting indigenous peoples

• Traditional land rights including ownership and possession

• Protection of natural resources on indigenous lands

• Recognition of customary law alongside state law

• Protection of cultural and religious institutions

Note: The United States has NOT ratified ILO Convention 169. However, U.S. courts have increasingly cited it as evidence of international consensus on indigenous rights.

How These Apply to Aboriginal North Americans

If you are a descendant of aboriginal peoples whose identity was erased by paper genocide, these instruments give you internationally recognized rights to:

• Reclaim your indigenous identity (UNDRIP Article 9)

• Protection from forced assimilation including racial misclassification (UNDRIP Article 8)

• Self-identify as indigenous according to your community's customs (ADRIP)

• Maintain cultural and spiritual connections to ancestral lands (ADRIP)

• Seek redress for historical wrongs (UNDRIP Article 28)

Practical Application

Invoking these rights requires understanding both international and domestic law. The Federation of Indigenous Peoples does not practice law, but we provide legal education to help aboriginal peoples understand their rights and connect with attorneys when appropriate.

Our Legal Education service covers:

• Detailed UNDRIP, ADRIP, and ILO 169 study

• U.S. treaty rights and constitutional protections

• Historical legal instruments (Indian Reorganization Act, Indian Civil Rights Act, etc.)

• Strategic use of international law in identity reclamation cases

Knowledge of these rights is the foundation of sovereignty. You cannot reclaim what you do not know exists.