Towards new development paradigms: the United Nations Declaration on the Rights of Indigenous Peoples as a tool to support self-determined development

Abstract

Since the adoption of the UN Declaration on the Rights of Indigenous Peoples, indigenous peoples' agency and ideas of development have become more central to wider development processes. This change finds its roots in the concept of 'self-determined development' (SDD), which has been fortified by the adoption of UNDRIP. SDD is built around key norms of UNDRIP, such as the rights of self-determination, free, prior and informed consent, the links between cultural rights and development and rights pertaining to land and natural resources. The normative shift towards SDD is surveyed in this article by looking at three topics: the jurisprudence of regional human rights courts on case law concerning development on indigenous peoples' land; the advocacy of indigenous peoples around the indicators of the Sustainable Development Goals; and the adoption of community bio-cultural protocols by indigenous peoples to regulate development of their land, natural resources and cultural heritage. In each example, UNDRIP has influenced positive changes in law and policy concerning indigenous peoples' views on development.

Intersectoral policy on industries that produce unhealthy commodities: governing in a new era of the global economy?

“…24 25 These approaches assume-incorrectly, as we have learnt-that increased productivity and technological progress will automatically yield better social outcomes for all. 26 These narrow economic models have benefited the alcohol, tobacco and food industries financially, enabling massive horizontal and vertical integration and the creation of huge multinational companies. This has facilitated their position as powerful (and often 'essential') stakeholders in the eyes of economic policy-makers.…”

“… 24 25 These approaches assume—incorrectly, as we have learnt—that increased productivity and technological progress will automatically yield better social outcomes for all. 26 …”

Indigenous Peoples, Data Sovereignty and Self-Determination: Current Realities and Imperatives

“…5 At its first session in 2004, the UNPFII convened an Expert Workshop on Data Collection and Data Aggregation for Indigenous Peoples (UNPFII, 2004). As explained by Gilbert and Lennox (2019), this workshop established the following core principles:…”

“…(Gilbert & Lennox, 2019, p. 112) In 2006, the UNPFII convened another data-focused workshop, which recommended, inter alia, that the UN "identify and adopt appropriate indicators of indigenous identity, lands, ways of living, and indigenous rights to, and perspectives on, development and well-being" (UNPFII, 2006). In the years since these 2004 and 2006 workshops on data collection and aggregation, the UNPFII has consistently placed Indigenous data issues at the core of UN development planning and implementation across numerous programmes, funds, and agencies (see Gilbert & Lennox, 2019). In turn, a wide range of other key international actors, including the World Bank, the International Finance Corporation, corporations, donors, and development agencies have come to recognise Indigenous-sanctioned data as being crucial to legitimate and informed insights into matters of Indigenous peoples' self-determination and development.…”

Spatio-Temporal Dimensions of Indigenous Sovereignty in International Law

“…109 It effectively acknowledges the linkage between indigenous people and their land, thus enhancing the fulfilment of their rights to land and self-determined development. 110 It does not alter the existing legal framework; rather, it can fulfil the promise of existing international law. As Otto wrote, 'within the modern discourse of a new world order are the seeds of resistance and change.'…”