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United Nations Declaration on the Rights of Indigenous Peoples adopted by General Assembly Resolution 61/295 on 13 September 2007
The General Assembly,
Guided by the purposes and principles of the Charter of the United
Nations, and good faith in the fulfilment of the obligations
assumed by States in accordance with the Charter,
Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,
Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,
Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,
Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,
Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,
Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,
Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,
Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,
Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,
Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,
Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,
Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,
Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,
Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States,
Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,(3) affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,
Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,
Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,
Encouraging States to comply with and effectively implement all
their obligations as they apply to indigenous peoples under
international instruments, in particular those related to human
rights, in consultation and cooperation with the peoples
concerned,
Emphasizing that the United Nations has an important and continuing
role to play in promoting and protecting the rights of indigenous
peoples,
Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,
Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples,
Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,
Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:
Article 1
Indigenous peoples have the right to the full enjoyment, as a
collective or as individuals, of all human rights and fundamental
freedoms as recognized in the Charter of the United Nations, the
Universal Declaration of Human Rights(4) and international human
rights law.
Article 2
Indigenous peoples and individuals are free and equal to all other
peoples and individuals and have the right to be free from any kind
of discrimination, in the exercise of their rights, in particular
that based on their indigenous origin or identity.
Article 3
Indigenous peoples have the right to self-determination. By virtue
of that right they freely determine their political status and
freely pursue their economic, social and cultural development.
Article 4
Indigenous peoples, in exercising their right to
self-determination, have the right to autonomy or self-government
in matters relating to their internal and local affairs, as well as
ways and means for financing their autonomous functions.
Article 5
Indigenous peoples have the right to maintain and strengthen their
distinct political, legal, economic, social and cultural
institutions, while retaining their right to participate fully, if
they so choose, in the political, economic, social and cultural
life of the State.
Article 6
Every indigenous individual has the right to a nationality.
Article 7
1. Indigenous individuals have the rights to life, physical and
mental integrity, liberty and security of person.
2. Indigenous peoples have the collective right to live in freedom,
peace and security as distinct peoples and shall not be subjected
to any act of genocide or any other act of violence, including
forcibly removing children of the group to another group.
Article 8
1. Indigenous peoples and individuals have the right not
to be subjected to forced assimilation or destruction of their
culture.
2. States shall provide effective mechanisms for prevention of, and
redress for:
(a) Any action which has the aim or effect of depriving them of
their integrity as distinct peoples, or of their cultural values or
ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of
their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or
effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or
ethnic discrimination directed against them.
Article 9
Indigenous peoples and individuals have the right to belong to an
indigenous community or nation, in accordance with the traditions
and customs of the community or nation concerned. No discrimination
of any kind may arise from the exercise of such a right.
Article 10
Indigenous peoples shall not be forcibly removed from
their lands or territories. No relocation shall take place without
the free, prior and informed consent of the indigenous peoples
concerned and after agreement on just and fair compensation and,
where possible, with the option of return.
Article 11
1. Indigenous peoples have the right to practise and revitalize
their cultural traditions and customs. This includes the right to
maintain, protect and develop the past, present and future
manifestations of their cultures, such as archaeological and
historical sites, artefacts, designs, ceremonies, technologies and
visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which
may include restitution, developed in conjunction with indigenous
peoples, with respect to their cultural, intellectual, religious
and spiritual property taken without their free, prior and informed
consent or in violation of their laws, traditions and customs.
Article 12
1. Indigenous peoples have the right to manifest, practise, develop
and teach their spiritual and religious traditions, customs and
ceremonies; the right to maintain, protect, and have access in
privacy to their religious and cultural sites; the right to the use
and control of their ceremonial objects; and the right to the
repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of
ceremonial objects and human remains in their possession through
fair, transparent and effective mechanisms developed in conjunction
with indigenous peoples concerned.
Article 13
1. Indigenous peoples have the right to revitalize, use, develop
and transmit to future generations their histories, languages, oral
traditions, philosophies, writing systems and literatures, and to
designate and retain their own names for communities, places and
persons.
2. States shall take effective measures to ensure that this right
is protected and also to ensure that indigenous peoples can
understand and be understood in political, legal and administrative
proceedings, where necessary through the provision of
interpretation or by other appropriate means.
Article 14
1. Indigenous peoples have the right to establish and
control their educational systems and institutions providing
education in their own languages, in a manner appropriate to their
cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to
all levels and forms of education of the State without
discrimination.
3. States shall, in conjunction with indigenous peoples, take
effective measures, in order for indigenous individuals,
particularly children, including those living outside their
communities, to have access, when possible, to an education in
their own culture and provided in their own language.
Article 15
1. Indigenous peoples have the right to the dignity and diversity
of their cultures, traditions, histories and aspirations which
shall be appropriately reflected in education and public
information.
2. States shall take effective measures, in consultation and
cooperation with the indigenous peoples concerned, to combat
prejudice and eliminate discrimination and to promote tolerance,
understanding and good relations among indigenous peoples and all
other segments of society.
Article 16
1. Indigenous peoples have the right to establish their
own media in their own languages and to have access to all forms of
non-indigenous media without discrimination.
2. States shall take effective measures to ensure that State-owned
media duly reflect indigenous cultural diversity. States, without
prejudice to ensuring full freedom of expression, should encourage
privately owned media to adequately reflect indigenous cultural
diversity.
Article 17
1. Indigenous individuals and peoples have the right to enjoy fully
all rights established under applicable international and domestic
labour law.
2. States shall in consultation and cooperation with indigenous
peoples take specific measures to protect indigenous children from
economic exploitation and from performing any work that is likely
to be hazardous or to interfere with the child's education, or to
be harmful to the child's health or physical, mental, spiritual,
moral or social development, taking into account their special
vulnerability and the importance of education for their
empowerment.
3. Indigenous individuals have the right not to be subjected to any
discriminatory conditions of labour and, inter alia, employment or
salary.
Article 18
Indigenous peoples have the right to participate in
decision-making in matters which would affect their rights, through
representatives chosen by themselves in accordance with their own
procedures, as well as to maintain and develop their own indigenous
decision-making institutions.
Article 19
States shall consult and cooperate in good faith with the
indigenous peoples concerned through their own representative
institutions in order to obtain their free, prior and informed
consent before adopting and implementing legislative or
administrative measures that may affect them.
Article 20
1. Indigenous peoples have the right to maintain and develop their
political, economic and social systems or institutions, to be
secure in the enjoyment of their own means of subsistence and
development, and to engage freely in all their traditional and
other economic activities.
2. Indigenous peoples deprived of their means of subsistence and
development are entitled to just and fair redress.
Article 21
1. Indigenous peoples have the right, without discrimination, to
the improvement of their economic and social conditions, including,
inter alia, in the areas of education, employment, vocational
training and retraining, housing, sanitation, health and social
security.
2. States shall take effective measures and, where appropriate,
special measures to ensure continuing improvement of their economic
and social conditions. Particular attention shall be paid to the
rights and special needs of indigenous elders, women, youth,
children and persons with disabilities.
Article 22
1. Particular attention shall be paid to the rights and
special needs of indigenous elders, women, youth, children and
persons with disabilities in the implementation of this
Declaration.
2. States shall take measures, in conjunction with indigenous
peoples, to ensure that indigenous women and children enjoy the
full protection and guarantees against all forms of violence and
discrimination.
Article 23
Indigenous peoples have the right to determine and develop
priorities and strategies for exercising their right to
development. In particular, indigenous peoples have the right to be
actively involved in developing and determining health, housing and
other economic and social programmes affecting them and, as far as
possible, to administer such programmes through their own
institutions.
Article 24
1. Indigenous peoples have the right to their traditional medicines
and to maintain their health practices, including the conservation
of their vital medicinal plants, animals and minerals. Indigenous
individuals also have the right to access, without any
discrimination, to all social and health services.
2. Indigenous individuals have an equal right to the enjoyment of
the highest attainable standard of physical and mental health.
States shall take the necessary steps with a view to achieving
progressively the full realization of this right.
Article 25
Indigenous peoples have the right to maintain and
strengthen their distinctive spiritual relationship with their
traditionally owned or otherwise occupied and used lands,
territories, waters and coastal seas and other resources and to
uphold their responsibilities to future generations in this
regard.
Article 26
1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or
otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and
control the lands, territories and resources that they possess by
reason of traditional ownership or other traditional occupation or
use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these
lands, territories and resources. Such recognition shall be
conducted with due respect to the customs, traditions and land
tenure systems of the indigenous peoples concerned.
Article 27
States shall establish and implement, in conjunction with
indigenous peoples concerned, a fair, independent, impartial, open
and transparent process, giving due recognition to indigenous
peoples' laws, traditions, customs and land tenure systems, to
recognize and adjudicate the rights of indigenous peoples
pertaining to their lands, territories and resources, including
those which were traditionally owned or otherwise occupied or used.
Indigenous peoples shall have the right to participate in this
process.
Article 28
1. Indigenous peoples have the right to redress, by means
that can include restitution or, when this is not possible, just,
fair and equitable compensation, for the lands, territories and
resources which they have traditionally owned or otherwise occupied
or used, and which have been confiscated, taken, occupied, used or
damaged without their free, prior and informed consent.
2. Unless otherwise freely agreed upon by the peoples concerned,
compensation shall take the form of lands, territories and
resources equal in quality, size and legal status or of monetary
compensation or other appropriate redress.
Article 29
1. Indigenous peoples have the right to the conservation
and protection of the environment and the productive capacity of
their lands or territories and resources. States shall establish
and implement assistance programmes for indigenous peoples for such
conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage
or disposal of hazardous materials shall take place in the lands or
territories of indigenous peoples without their free, prior and
informed consent.
3. States shall also take effective measures to ensure, as needed,
that programmes for monitoring, maintaining and restoring the
health of indigenous peoples, as developed and implemented by the
peoples affected by such materials, are duly implemented.
Article 30
1. Military activities shall not take place in the lands
or territories of indigenous peoples, unless justified by a
relevant public interest or otherwise freely agreed with or
requested by the indigenous peoples concerned.
2. States shall undertake effective consultations with the
indigenous peoples concerned, through appropriate procedures and in
particular through their representative institutions, prior to
using their lands or territories for military activities.
Article 31
1. Indigenous peoples have the right to maintain, control, protect
and develop their cultural heritage, traditional knowledge and
traditional cultural expressions, as well as the manifestations of
their sciences, technologies and cultures, including human and
genetic resources, seeds, medicines, knowledge of the properties of
fauna and flora, oral traditions, literatures, designs, sports and
traditional games and visual and performing arts. They also have
the right to maintain, control, protect and develop their
intellectual property over such cultural heritage, traditional
knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take
effective measures to recognize and protect the exercise of these
rights.
Article 32
1. Indigenous peoples have the right to determine and develop
priorities and strategies for the development or use of their lands
or territories and other resources.
2. States shall consult and cooperate in good faith with the
indigenous peoples concerned through their own representative
institutions in order to obtain their free and informed consent
prior to the approval of any project affecting their lands or
territories and other resources, particularly in connection with
the development, utilization or exploitation of mineral, water or
other resources.
3. States shall provide effective mechanisms for just and fair
redress for any such activities, and appropriate measures shall be
taken to mitigate adverse environmental, economic, social, cultural
or spiritual impact.
Article 33
1. Indigenous peoples have the right to determine their own
identity or membership in accordance with their customs and
traditions. This does not impair the right of indigenous
individuals to obtain citizenship of the States in which they
live.
2. Indigenous peoples have the right to determine the structures
and to select the membership of their institutions in accordance
with their own procedures.
Article 34
Indigenous peoples have the right to promote, develop and maintain
their institutional structures and their distinctive customs,
spirituality, traditions, procedures, practices and, in the cases
where they exist, juridical systems or customs, in accordance with
international human rights standards.
Article 35
Indigenous peoples have the right to determine the responsibilities
of individuals to their communities.
Article 36
1. Indigenous peoples, in particular those divided by international
borders, have the right to maintain and develop contacts, relations
and cooperation, including activities for spiritual, cultural,
political, economic and social purposes, with their own members as
well as other peoples across borders.
2. States, in consultation and cooperation with indigenous peoples,
shall take effective measures to facilitate the exercise and ensure
the implementation of this right.
Article 37
1. Indigenous peoples have the right to the recognition, observance
and enforcement of treaties, agreements and other constructive
arrangements concluded with States or their successors and to have
States honour and respect such treaties, agreements and other
constructive arrangements.
2. Nothing in this Declaration may be interpreted as diminishing or
eliminating the rights of indigenous peoples contained in treaties,
agreements and other constructive arrangements.
Article 38
States in consultation and cooperation with indigenous peoples,
shall take the appropriate measures, including legislative
measures, to achieve the ends of this Declaration.
Article 39
Indigenous peoples have the right to have access to financial and
technical assistance from States and through international
cooperation, for the enjoyment of the rights contained in this
Declaration.
Article 40
Indigenous peoples have the right to access to and prompt decision
through just and fair procedures for the resolution of conflicts
and disputes with States or other parties, as well as to effective
remedies for all infringements of their individual and collective
rights. Such a decision shall give due consideration to the
customs, traditions, rules and legal systems of the indigenous
peoples concerned and international human rights.
Article 41
The organs and specialized agencies of the United Nations
system and other intergovernmental organizations shall contribute
to the full realization of the provisions of this Declaration
through the mobilization, inter alia, of financial cooperation and
technical assistance. Ways and means of ensuring participation of
indigenous peoples on issues affecting them shall be
established.
Article 42
The United Nations, its bodies, including the Permanent Forum on
Indigenous Issues, and specialized agencies, including at the
country level, and States shall promote respect for and full
application of the provisions of this Declaration and follow up the
effectiveness of this Declaration.
Article 43
The rights recognized herein constitute the minimum standards for
the survival, dignity and well-being of the indigenous peoples of
the world.
Article 44
All the rights and freedoms recognized herein are equally
guaranteed to male and female indigenous individuals.
Article 45
Nothing in this Declaration may be construed as
diminishing or extinguishing the rights indigenous peoples have now
or may acquire in the future.
Article 46
1. Nothing in this Declaration may be interpreted as
implying for any State, people, group or person any right to engage
in any activity or to perform any act contrary to the Charter of
the United Nations or construed as authorizing or encouraging any
action which would dismember or impair, totally or in part, the
territorial integrity or political unity of sovereign and
independent States.
2. In the exercise of the rights enunciated in the present
Declaration, human rights and fundamental freedoms of all shall be
respected. The exercise of the rights set forth in this Declaration
shall be subject only to such limitations as are determined by law
and in accordance with international human rights obligations. Any
such 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.
3. The provisions set forth in this Declaration shall be
interpreted in accordance with the principles of justice,
democracy, respect for human rights, equality, non-discrimination,
good governance and good faith.
(2) See resolution 2200 A (XXI), annex.
(3) A/CONF.157/24 (Part I), chap. III.
(4) Resolution 217 A (III).
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