The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 59
Paragraph
Paragraph text
A starting point for the effective implementation of the Declaration is a firm commitment by States and the United Nations system to its rights and principles that is free from vague assertions that the Declaration is not obligatory. On too many occasions State and other actors attempt to diminish the normative weight of the Declaration by describing it as an instrument that is not "legally binding". As a resolution of the General Assembly, the Declaration by its nature is not, in and of itself, a legally binding instrument, given the authority of the General Assembly under the Charter of the United Nations only to make "recommendations", except in regard to membership, budgetary and administrative matters. But understanding the normative significance and legal obligations related to the Declaration does not end there.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the rights of indigenous peoples
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Social & Cultural Rights
Person(s) affected
Ethnic minorities
Year
2010
Paragraph type
Other
Reference
SR Indigenous Peoples, Report to the UNGA (2010), A/65/264, para. 59.