The Conquering Lion shall break every chain
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 and the International Covenant on
Civil and Political Rights, as well as the Vienna
Declaration and Programme of Action, 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
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 ,
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.
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