2006/2. Working group of the
Commission on Human Rights to elaborate a draft declaration in
accordance with paragraph 5 of the General Assembly resolution
49/214 of 23 December 1994 [A/HRC/1/L.10 pages 57-73]
The Human Rights Council,
Recalling
Commission on Human Rights
resolution 1995/32 of 3 March 1995, in which it established an
open-ended intersessional working group with the sole purpose of
elaborating a draft United Nations declaration on the rights of
indigenous peoples, considering the draft contained in the annex to
resolution 1994/45 of the Sub-Commission on the Promotion and
Protection of Human Rights, for consideration and adoption by the
General Assembly within the first International Decade of the
World’s Indigenous People,
Aware
that the working group of the
Commission on Human Rights to elaborate a draft declaration in
accordance with paragraph 5 of the General Assembly resolution
49/214 of 23 December 1994 has held 11 sessions between 1995 and
2006,
Considering
that the General Assembly, in its
resolution 59/174 of 20 December 2004, urges all parties involved in
the process of negotiation to do their utmost to carry out
successfully the mandate of the working group and to present to the
General Assembly for adoption as soon as possible a final draft
United Nations declaration on the rights of indigenous peoples,
Stressing
that paragraph 127 of the outcome
document of the 2005 World Summit, adopted by the General Assembly
in its resolution 60/1 of 16 September 2005, reaffirms the
commitment of the international community to adopt a final draft
United Nations declaration on the rights of indigenous peoples as
soon as possible,
Taking note
of the report of the working group
on its eleventh session, which took place in Geneva from 5 to 16
December 2005 and from 30 January to 3 February 2006
(E/CN.4/2006/79),
Welcoming
the conclusion of the Chairperson-Rapporteur
in paragraph 30 of the report of the working group and his proposal
as contained in annex I to the report,
1. Adopts the United Nations
Declaration on the Rights of Indigenous Peoples as proposed by the
Chairperson-Rapporteur of the working group of the Commission on
Human Rights to elaborate a draft declaration in accordance with
paragraph 5 of the General Assembly resolution 49/214 of 23 December
1994 in annex I to the report of the working group on its eleventh
session (E/CN.4/2006/79);
2. Recommends to the General
Assembly that it adopt the following draft resolution:
The General Assembly,
Taking note of Human Rights Council resolution 2006/2 of 29
June 2006, in which the Council adopted the text of the United
Nations Declaration on the Rights of Indigenous Peoples,
1. Expresses its appreciation
to the Council for the adoption of the United Nations
Declaration on the Rights of Indigenous Peoples;
2. Adopts the Declaration as
contained in the annex to Council resolution 2006/2 of 29 June 2006.
21st meeting
29 June 2006
[Adopted by a recorded vote of 30
votes to 2,
with 12 abstentions.]
Annex
UNITED NATIONS DECLARATION
ON THE RIGHTS OF INDIGENOUS
PEOPLES
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, racial, religious,
ethnic or cultural differences are racist, scientifically false,
legally invalid, morally condemnable and socially unjust,
Reaffirming
also 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,
Further recognizing
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 an end to 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 also
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,
Recognizing also
that indigenous peoples have the
right freely to determine their relationships with States in a
spirit of coexistence, mutual benefit and full respect,
Considering
that the rights affirmed in
treaties, agreements and constructive arrangements between States
and indigenous peoples are, in some situations, matters of
international concern, interest, responsibility and character,
Also considering
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
affirm the fundamental importance of the right of 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 of 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,
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
of 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
rights 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 by other cultures or ways of life
imposed on them by legislative, administrative or other measures;
(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 practice 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, practice, 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 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, of a 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 significant threat to 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 their 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 to diminish or eliminate the rights of Indigenous
Peoples contained in Treaties, Agreements and 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 have 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.
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, 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.
