United Nations
United Nations Declaration on the rights of inDigenous PeoPles
United Nations
Resolution adopted by the General Assembly
[without reference to a Main Committee
(A/61/L.67 and Add.1)]
61/295. United Nations Declaration on the Rights of Indigenous Peoples
The
General Assembly,
Taking note of the recommendation of the Human
Rights Coun- cil contained in its resolution 1/2 of 29 June 2006,1 by which the Council adopted
the text of the United Nations Declaration on the Rights of
Indigenous Peoples,
Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and
action on the Declaration to allow time
for further consultations thereon, and also decided to conclude its
consideration before the end of the sixty-first session of the General Assembly,
Adopts the United Nations Declaration on the Rights of Indigenous Peoples as
contained in the annex to the present resolution.
107th plenary meeting 13 September 2007
Annex
United Nations Declaration on the Rights of Indigenous Peoples
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,
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1.See
Official Records of the General Assembly,
Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A.
Affirming also that all peoples contribute to the diversity and rich-
ness of civilizations and cultures, which constitute the common heri- tage 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 injus- tices 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, eco- nomic and social
structures and from their cultures, spiritual tradi- tions, 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 them-
selves for political, economic, social and cultural enhancement and in order to
bring to an end all forms of discrimination and oppres- sion 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 tra- ditions, 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 devel- opment
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
com- munities 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 Interna-
tional Covenant on Economic, Social and Cultural Rights2 and the International Covenant on
Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,3 affirm the funda- mental 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 con- formity with
international law,
Convinced that the recognition of the rights of indigenous peoples
in this Declaration will enhance harmonious and cooperative rela- tions 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 inter- national
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 continu- ing
role to play in promoting and protecting the rights of indig- enous peoples,
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2.See resolution
2200 A (XXI), annex.
3.A/CONF.157/24
(Part I), chap. III.
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 enti-
tled without discrimination to all human rights recognized in inter- national
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 signifi- cance 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 collec- tive or as individuals, of all
human rights and fundamental freedoms
as recognized in the Charter of the United Nations, the Universal Declaration
of Human Rights4 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
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4.Resolution 217 A
(III).
their internal and local affairs, as
well as ways and means for financ- ing 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 men- tal 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.
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 discrimina- tion 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 spir-
itual 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 cer- emonies; 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 cer- emonial objects and human remains
in their possession through fair, transparent and effective mechanisms
developed in conjunction with
indigenous peoples concerned.
1.
Indigenous peoples
have the right to revitalize, use, develop and
transmit to future generations their histories, languages, oral tradi- tions,
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 discrimina- tion.
3.
States shall, in
conjunction with indigenous peoples, take effec- tive measures, in order for
indigenous individuals, particularly chil- dren, including those living outside
their communities, to have access, when possible, to an education in their own
culture and pro- vided 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 coopera-
tion with the indigenous peoples concerned, to combat prejudice and eliminate
discrimination and to promote tolerance, understand- ing and good relations
among indigenous peoples and all other seg- ments 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 encour- age 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 adopt- ing 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 develop- ment, and to engage freely in all their traditional
and other eco- nomic 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, spe- cial 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 dis- abilities 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 pri- orities 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 indi- viduals 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 other- wise used or acquired.
2.
Indigenous peoples
have the right to own, use, develop and control the lands, territories and
resources that they possess by rea- son 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 indige- nous 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 equita- ble 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 pro- tection 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 ter- ritories 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 indig- enous 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 tra- ditional 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 effec- tive 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 indig- enous peoples concerned through
their own representative institu- tions 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, utiliza- tion 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 spiri- tual impact.
Article 33
1.
Indigenous peoples
have the right to determine their own iden- tity 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 main- tain their institutional structures and
their distinctive customs, spiri- tuality, 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.
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 peo- ples, 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, observ- ance 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 con- structive 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 coopera- tion, 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.
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 mobiliza- tion, 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 coun- try 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 guaran- teed 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 Dec- laration, 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.
