{"id":612,"date":"2015-03-14T21:22:41","date_gmt":"2015-03-14T21:22:41","guid":{"rendered":"http:\/\/www.thecafeprojects.com\/declarationproject\/?p=612"},"modified":"2015-07-02T13:00:58","modified_gmt":"2015-07-02T13:00:58","slug":"un-declaration-on-the-rights-of-indigenous-peoples","status":"publish","type":"post","link":"https:\/\/declarationproject.org\/?p=612","title":{"rendered":"UN Declaration on the Rights of Indigenous Peoples (2009)"},"content":{"rendered":"<p>Editor&#8217;s Note: On September 13, 2007, this ground-breaking declaration was approved by the UN General Assembly, with 144 states voting in favor, with four &#8212; the U.S., Canada, New Zealand and Australia, which have large indigenous populations &#8212; voting against, and with 11 states abstaining. Australia endorsed the document, which is not legally binding, on April 3, 2009.<\/p>\n<p class=\"p1\">Resolution adopted by the General Assembly on 13 September 2007<\/p>\n<p class=\"p3\">61\/295. <strong>United Nations Declaration on the Rights of\u00a0Indigenous Peoples<\/strong><\/p>\n<p class=\"p2\">The General Assembly<b>,<\/b><\/p>\n<p class=\"p2\">Taking note of the recommendation of the Human Rights Council contained in<\/p>\n<p class=\"p2\">its resolution 1\/2 of 29 June 2006,<span class=\"s1\">1 <\/span>by which the Council adopted the text of the<\/p>\n<p class=\"p2\">United Nations Declaration on the Rights of Indigenous Peoples,<\/p>\n<p class=\"p2\">Recalling its resolution 61\/178 of 20 December 2006, by which it decided to<\/p>\n<p class=\"p2\">defer consideration of and action on the Declaration to allow time for further<\/p>\n<p class=\"p2\">consultations thereon, and also decided to conclude its consideration before the end<\/p>\n<p class=\"p2\">of the sixty-first session of the General Assembly,<\/p>\n<p class=\"p2\">Adopts the United Nations Declaration on the Rights of Indigenous Peoples as<\/p>\n<p class=\"p1\">contained in the annex to the present resolution.<\/p>\n<p class=\"p1\">107th plenary meeting<\/p>\n<p class=\"p1\">13 September 2007<\/p>\n<p class=\"p1\">Annex<\/p>\n<p class=\"p1\">United Nations Declaration on the Rights of Indigenous Peoples<\/p>\n<p class=\"p1\">The General Assembly ,<\/p>\n<p class=\"p1\">Guided<span class=\"Apple-converted-space\">\u00a0 <\/span>by the purposes and principles of the Charter of the United Nations,<\/p>\n<p class=\"p1\">and good faith in the fulfilment of the obligations assumed by States in accordance<\/p>\n<p class=\"p1\">with the Charter,<\/p>\n<p class=\"p1\">Affirming<span class=\"Apple-converted-space\">\u00a0 <\/span>that indigenous peoples are equal to all other peoples, while<\/p>\n<p class=\"p1\">recognizing the right of all peoples to be different, to consider themselves different,<\/p>\n<p class=\"p1\">and to be respected as such,<\/p>\n<p class=\"p1\">Affirming also<span class=\"Apple-converted-space\">\u00a0 <\/span>that all peoples contribute to the diversity and richness of<\/p>\n<p class=\"p1\">civilizations and cultures, which constitute the common heritage of humankind,<\/p>\n<p class=\"p1\">Affirming further that all doctrines, policies and practices based on or<\/p>\n<p class=\"p1\">advocating superiority of peoples or individuals on the basis of national origin or<\/p>\n<p class=\"p1\">racial, religious, ethnic or cultural differences are racist, scientifically false, legally<\/p>\n<p class=\"p1\">invalid, morally condemnable and socially unjust,<\/p>\n<p class=\"p1\">Reaffirming that indigenous peoples, in the exercise of their rights, should be<\/p>\n<p class=\"p1\">free from discrimination of any kind,<\/p>\n<p class=\"p1\">Concerned that indigenous peoples have suffered from historic injustices as a<\/p>\n<p class=\"p1\">result of, inter alia, their colonization and dispossession of their lands, territories<\/p>\n<p class=\"p1\">and resources, thus preventing them from exercising, in particular, their right to<\/p>\n<p class=\"p1\">development in accordance with their own needs and interests,<\/p>\n<p class=\"p1\">Recognizing the urgent need to respect and promote the inherent rights of<\/p>\n<p class=\"p1\">indigenous peoples which derive from their political, economic and social structures<\/p>\n<p class=\"p1\">and from their cultures, spiritual traditions, histories and philosophies, especially<\/p>\n<p class=\"p1\">their rights to their lands, territories and resources,<\/p>\n<p class=\"p1\">Recognizing also the urgent need to respect and promote the rights of<\/p>\n<p class=\"p1\">indigenous peoples affirmed in treaties, agreements and other constructive<\/p>\n<p class=\"p1\">arrangements with States,<\/p>\n<p class=\"p1\">Welcoming the fact that indigenous peoples are organizing themselves for<\/p>\n<p class=\"p1\">political, economic, social and cultural enhancement and in order to bring to an end<\/p>\n<p class=\"p1\">all forms of discrimination and oppression wherever they occur,<\/p>\n<p class=\"p1\">Convinced that control by indigenous peoples over developments affecting<\/p>\n<p class=\"p1\">them and their lands, territories and resources will enable them to maintain and<\/p>\n<p class=\"p1\">strengthen their institutions, cultures and traditions, and to promote their<\/p>\n<p class=\"p1\">development in accordance with their aspirations and needs,<\/p>\n<p class=\"p1\">Recognizing<span class=\"Apple-converted-space\">\u00a0 <\/span>that respect for indigenous knowledge, cultures and traditional<\/p>\n<p class=\"p1\">practices contributes to sustainable and equitable development and proper<\/p>\n<p class=\"p1\">management of the environment,<\/p>\n<p class=\"p1\">Emphasizing<span class=\"Apple-converted-space\">\u00a0 <\/span>the contribution of the demilitarization of the lands and<\/p>\n<p class=\"p1\">territories of indigenous peoples to peace, economic and social progress and<\/p>\n<p class=\"p1\">development, understanding and friendly relations among nations and peoples of the<\/p>\n<p class=\"p1\">world,<\/p>\n<p class=\"p1\">Recognizing in particular<span class=\"Apple-converted-space\">\u00a0 <\/span>the right of indigenous families and communities to<\/p>\n<p class=\"p1\">retain shared responsibility for the upbringing, training, education and well-being of<\/p>\n<p class=\"p1\">their children, consistent with the rights of the child,<\/p>\n<p class=\"p1\">Considering<span class=\"Apple-converted-space\">\u00a0 <\/span>that the rights affirmed in treaties, agreements and other<\/p>\n<p class=\"p1\">constructive arrangements between States and indigenous peoples are, in some<\/p>\n<p class=\"p1\">situations, matters of international concern, interest, responsibility and character,<\/p>\n<p class=\"p1\">Considering also<span class=\"Apple-converted-space\">\u00a0 <\/span>that treaties, agreements and other constructive<\/p>\n<p class=\"p1\">arrangements, and the relationship they represent, are the basis for a strengthened<\/p>\n<p class=\"p1\">partnership between indigenous peoples and States,<\/p>\n<p class=\"p1\">Acknowledging<span class=\"Apple-converted-space\">\u00a0 <\/span>that the Charter of the United Nations, the International<\/p>\n<p class=\"p1\">Covenant on Economic, Social and Cultural Rights<span class=\"s1\">2 <\/span> and the International Covenant<\/p>\n<p class=\"p1\">on Civil and Political Rights,<span class=\"s1\">2 <\/span> as well as the Vienna Declaration and Programme of<\/p>\n<p class=\"p1\">Action,<span class=\"s1\">\u00a0<\/span>affirm the fundamental importance of the right to self-determination of all<\/p>\n<p class=\"p1\">peoples, by virtue of which they freely determine their political status and freely<\/p>\n<p class=\"p1\">pursue their economic, social and cultural development,<\/p>\n<p class=\"p1\">Bearing in mind<span class=\"Apple-converted-space\">\u00a0 <\/span>that nothing in this Declaration may be used to deny any<\/p>\n<p class=\"p1\">peoples their right to self-determination, exercised in conformity with international<\/p>\n<p class=\"p1\">law,<\/p>\n<p class=\"p1\">Convinced<span class=\"Apple-converted-space\">\u00a0 <\/span>that the recognition of the rights of indigenous peoples in this<\/p>\n<p class=\"p1\">Declaration will enhance harmonious and cooperative relations between the State<\/p>\n<p class=\"p1\">and indigenous peoples, based on principles of justice, democracy, respect for<\/p>\n<p class=\"p1\">human rights, non-discrimination and good faith,<\/p>\n<p class=\"p1\">Encouraging<span class=\"Apple-converted-space\">\u00a0 <\/span>States to comply with and effectively implement all their<\/p>\n<p class=\"p1\">obligations as they apply to indigenous peoples under international instruments, in<\/p>\n<p class=\"p1\">particular those related to human rights, in consultation and cooperation with the<\/p>\n<p class=\"p1\">peoples concerned,<\/p>\n<p class=\"p1\">Emphasizing that the United Nations has an important and continuing role to<\/p>\n<p class=\"p1\">play in promoting and protecting the rights of indigenous peoples,<\/p>\n<p class=\"p1\">Believing that this Declaration is a further important step forward for the<\/p>\n<p class=\"p1\">recognition, promotion and protection of the rights and freedoms of indigenous<\/p>\n<p class=\"p1\">peoples and in the development of relevant activities of the United Nations system<\/p>\n<p class=\"p1\">in this field,<\/p>\n<p class=\"p1\">Recognizing and reaffirming that indigenous individuals are entitled without<\/p>\n<p class=\"p1\">discrimination to all human rights recognized in international law, and that<\/p>\n<p class=\"p1\">indigenous peoples possess collective rights which are indispensable for their<\/p>\n<p class=\"p1\">existence, well-being and integral development as peoples,<\/p>\n<p class=\"p1\">Recognizing that the situation of indigenous peoples varies from region to<\/p>\n<p class=\"p1\">region and from country to country and that the significance of national and regional<\/p>\n<p class=\"p1\">particularities and various historical and cultural backgrounds should be taken into<\/p>\n<p class=\"p1\">consideration,<\/p>\n<p class=\"p1\">Solemnly proclaims the following United Nations Declaration on the Rights of<\/p>\n<p class=\"p1\">Indigenous Peoples as a standard of achievement to be pursued in a spirit of<\/p>\n<p class=\"p1\">partnership and mutual respect:<\/p>\n<p class=\"p1\">Article 1<\/p>\n<p class=\"p1\">Indigenous peoples have the right to the full enjoyment, as a collective or as<\/p>\n<p class=\"p1\">individuals, of all human rights and fundamental freedoms as recognized in the<\/p>\n<p class=\"p1\">Charter of the United Nations, the Universal Declaration of Human Rights <span class=\"s1\">4 <\/span>and<\/p>\n<p class=\"p1\">international human rights law.<\/p>\n<p class=\"p1\">Article 2<\/p>\n<p class=\"p1\">Indigenous peoples and individuals are free and equal to all other peoples and<\/p>\n<p class=\"p1\">individuals and have the right to be free from any kind of discrimination, in the<\/p>\n<p class=\"p1\">exercise of their rights, in particular that based on their indigenous origin or<\/p>\n<p class=\"p1\">identity.<\/p>\n<p class=\"p1\">Article 3<\/p>\n<p class=\"p1\">Indigenous peoples have the right to self-determination. By virtue of that right<\/p>\n<p class=\"p1\">they freely determine their political status and freely pursue their economic, social<\/p>\n<p class=\"p1\">and cultural development.<\/p>\n<p class=\"p1\">Article 4<\/p>\n<p class=\"p1\">Indigenous peoples, in exercising their right to self-determination, have the<\/p>\n<p class=\"p1\">right to autonomy or self-government in matters relating to their internal and local<\/p>\n<p class=\"p1\">affairs, as well as ways and means for financing their autonomous functions.<\/p>\n<p class=\"p1\">Article 5<\/p>\n<p class=\"p1\">Indigenous peoples have the right to maintain and strengthen their distinct<\/p>\n<p class=\"p1\">political, legal, economic, social and cultural institutions, while retaining their right<\/p>\n<p class=\"p1\">to participate fully, if they so choose, in the political, economic, social and cultural<\/p>\n<p class=\"p1\">life of the State.<\/p>\n<p class=\"p1\">Article 6<\/p>\n<p class=\"p1\">Every indigenous individual has the right to a nationality.<\/p>\n<p class=\"p1\">Article 7<\/p>\n<p class=\"p1\">1. Indigenous individuals have the rights to life, physical and mental<\/p>\n<p class=\"p1\">integrity, liberty and security of person.<\/p>\n<p class=\"p1\">2. Indigenous peoples have the collective right to live in freedom, peace<\/p>\n<p class=\"p1\">and security as distinct peoples and shall not be subjected to any act of genocide or<\/p>\n<p class=\"p1\">any other act of violence, including forcibly removing children of the group to<\/p>\n<p class=\"p1\">another group.<\/p>\n<p class=\"p1\">Article 8<\/p>\n<p class=\"p1\">1. Indigenous peoples and individuals have the right not to be subjected to<\/p>\n<p class=\"p1\">forced assimilation or destruction of their culture.<\/p>\n<p class=\"p1\">2. States shall provide effective mechanisms for prevention of, and redress<\/p>\n<p class=\"p1\">for:<\/p>\n<p class=\"p1\">( a) Any action which has the aim or effect of depriving them of their<\/p>\n<p class=\"p1\">integrity as distinct peoples, or of their cultural values or ethnic identities;<\/p>\n<p class=\"p1\">( b) Any action which has\u00a0the aim or effect of depriving them of their<\/p>\n<p class=\"p1\">integrity as distinct peoples, or of their cultural values or ethnic identities;<\/p>\n<p class=\"p1\">(b ) Any action which has the aim or effect of dispossessing them of their<\/p>\n<p class=\"p1\">lands, territories or resources;<\/p>\n<p class=\"p1\">(<b>c<\/b> ) Any form of forced population transfer which has the aim or effect of<\/p>\n<p class=\"p1\">violating or undermining any of their rights;<\/p>\n<p class=\"p1\">(<b>d<\/b> ) Any form of forced assimilation or integration;<\/p>\n<p class=\"p1\">(<b>e<\/b> ) Any form of propaganda designed to promote or incite racial or ethnic<\/p>\n<p class=\"p1\">discrimination directed against them.<\/p>\n<p class=\"p1\">Article 9<\/p>\n<p class=\"p1\">Indigenous peoples and individuals have the right to belong to an indigenous<\/p>\n<p class=\"p1\">community or nation, in accordance with the traditions and customs of the<\/p>\n<p class=\"p1\">community or nation concerned. No discrimination of any kind may arise from the<\/p>\n<p class=\"p1\">exercise of such a right.<\/p>\n<p class=\"p1\">Article 10<\/p>\n<p class=\"p1\">Indigenous peoples shall not be forcibly removed from their lands or<\/p>\n<p class=\"p1\">territories. No relocation shall take place without the free, prior and informed<\/p>\n<p class=\"p1\">consent of the indigenous peoples concerned and after agreement on just and fair<\/p>\n<p class=\"p1\">compensation and, where possible, with the option of return.<\/p>\n<p class=\"p1\">Article 11<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to practise and revitalize their cultural<\/p>\n<p class=\"p1\">traditions and customs. This includes the right to maintain, protect and develop the<\/p>\n<p class=\"p1\">past, present and future manifestations of their cultures, such as archaeological and<\/p>\n<p class=\"p1\">historical sites, artefacts, designs, ceremonies, technologies and visual and<\/p>\n<p class=\"p1\">performing arts and literature.<\/p>\n<p class=\"p1\">2. States shall provide redress through effective mechanisms, which may<\/p>\n<p class=\"p1\">include restitution, developed in conjunction with indigenous peoples, with respect<\/p>\n<p class=\"p1\">to their cultural, intellectual, religious and spiritual property taken without their<\/p>\n<p class=\"p1\">free, prior and informed consent or in violation of their laws, traditions and<\/p>\n<p class=\"p1\">customs.<\/p>\n<p class=\"p1\">Article 12<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to manifest, practise, develop and<\/p>\n<p class=\"p1\">teach their spiritual and religious traditions, customs and ceremonies; the right to<\/p>\n<p class=\"p1\">maintain, protect, and have access in privacy to their religious and cultural sites; the<\/p>\n<p class=\"p1\">right to the use and control of their ceremonial objects; and the right to the<\/p>\n<p class=\"p1\">repatriation of their human remains.<\/p>\n<p class=\"p1\">2. States shall seek to enable the access and\/or repatriation of ceremonial<\/p>\n<p class=\"p1\">objects and human remains in their possession through fair, transparent and<\/p>\n<p class=\"p1\">effective mechanisms developed in conjunction with indigenous peoples concerned.<\/p>\n<p class=\"p1\">Article 13<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to revitalize, use, develop and transmit<\/p>\n<p class=\"p1\">to future generations their histories, languages, oral traditions, philosophies, writing<\/p>\n<p class=\"p1\">systems and literatures, and to designate and retain their own names for<\/p>\n<p class=\"p1\">communities, places and persons.<\/p>\n<p class=\"p1\">2. States shall take effective measures to ensure that this right is protected<\/p>\n<p class=\"p1\">and also to ensure that indigenous peoples can understand and be understood in<\/p>\n<p class=\"p1\">political, legal and administrative proceedings, where necessary through the<\/p>\n<p class=\"p1\">provision of interpretation or by other appropriate means.<\/p>\n<p class=\"p1\">Article 14<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to establish and control their<\/p>\n<p class=\"p1\">educational systems and institutions providing education in their own languages, in<\/p>\n<p class=\"p1\">a manner appropriate to their cultural methods of teaching and learning.<\/p>\n<p class=\"p1\">2. Indigenous individuals, particularly children, have the right to all levels<\/p>\n<p class=\"p1\">and forms of education of the State without discrimination.<\/p>\n<p class=\"p1\">3. States shall, in conjunction with indigenous peoples, take effective<\/p>\n<p class=\"p1\">measures, in order for indigenous individuals, particularly children, including those<\/p>\n<p class=\"p1\">living outside their communities, to have access, when possible, to an education in<\/p>\n<p class=\"p1\">their own culture and provided in their own language.<\/p>\n<p class=\"p1\">Article 15<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to the dignity and diversity of their<\/p>\n<p class=\"p1\">cultures, traditions, histories and aspirations which shall be appropriately reflected<\/p>\n<p class=\"p1\">in education and public information.<\/p>\n<p class=\"p1\">2. States shall take effective measures, in consultation and cooperation with<\/p>\n<p class=\"p1\">the indigenous peoples concerned, to combat prejudice and eliminate discrimination<\/p>\n<p class=\"p1\">and to promote tolerance, understanding and good relations among indigenous<\/p>\n<p class=\"p1\">peoples and all other segments of society.<\/p>\n<p class=\"p1\">Article 16<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to establish their own media in their<\/p>\n<p class=\"p1\">own languages and to have access to all forms of non-indigenous media without<\/p>\n<p class=\"p1\">discrimination.<\/p>\n<p class=\"p1\">2. States shall take effective measures to ensure that State-owned media<\/p>\n<p class=\"p1\">duly reflect indigenous cultural diversity. States, without prejudice to ensuring full<\/p>\n<p class=\"p1\">freedom of expression, should encourage privately owned media to adequately<\/p>\n<p class=\"p1\">reflect indigenous cultural diversity.<\/p>\n<p class=\"p1\">Article 17<\/p>\n<p class=\"p1\">1. Indigenous individuals and peoples have the right to enjoy fully all rights<\/p>\n<p class=\"p1\">established under applicable international and domestic labour law.<\/p>\n<p class=\"p1\">2. States shall in consultation and cooperation with indigenous peoples take<\/p>\n<p class=\"p1\">specific measures to protect indigenous children from economic exploitation and<\/p>\n<p class=\"p1\">from performing any work that is likely to be hazardous or to interfere with the<\/p>\n<p class=\"p1\">child\u2019s education, or to be harmful to the child\u2019s health or physical, mental,<\/p>\n<p class=\"p1\">spiritual, moral or social development, taking into account<\/p>\n<p class=\"p1\">their special vulnerability\u00a0and the importance of education for their empowerment.<\/p>\n<p class=\"p1\">3. Indigenous individuals have the right not to be subjected to any<\/p>\n<p class=\"p1\">discriminatory conditions of labour and, inter alia, employment or salary.<\/p>\n<p class=\"p1\">Article 18<\/p>\n<p class=\"p1\">Indigenous peoples have the right to participate in decision-making in matters<\/p>\n<p class=\"p1\">which would affect their rights, through representatives chosen by themselves in<\/p>\n<p class=\"p1\">accordance with their own procedures, as well as to maintain and develop their own<\/p>\n<p class=\"p1\">indigenous decision-making institutions.<\/p>\n<p class=\"p1\">Article 19<\/p>\n<p class=\"p1\">States shall consult and cooperate in good faith with the indigenous peoples<\/p>\n<p class=\"p1\">concerned through their own representative institutions in order to obtain their free,<\/p>\n<p class=\"p1\">prior and informed consent before adopting and implementing legislative or<\/p>\n<p class=\"p1\">administrative measures that may affect them.<\/p>\n<p class=\"p1\">Article 20<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to maintain and develop their political,<\/p>\n<p class=\"p1\">economic and social systems or institutions, to be secure in the enjoyment of their<\/p>\n<p class=\"p1\">own means of subsistence and development, and to engage freely in all their<\/p>\n<p class=\"p1\">traditional and other economic activities.<\/p>\n<p class=\"p1\">2. Indigenous peoples deprived of their means of subsistence and<\/p>\n<p class=\"p1\">development are entitled to just and fair redress.<\/p>\n<p class=\"p1\">Article 21<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right, without discrimination, to the<\/p>\n<p class=\"p1\">improvement of their economic and social conditions, including, inter alia, in the<\/p>\n<p class=\"p1\">areas of education, employment, vocational training and retraining, housing,<\/p>\n<p class=\"p1\">sanitation, health and social security.<\/p>\n<p class=\"p1\">\u00a02. States shall take effective measures and, where appropriate, special<\/p>\n<p class=\"p1\">measures to ensure continuing improvement of their economic and social<\/p>\n<p class=\"p1\">conditions. Particular attention shall be paid to the rights and special<\/p>\n<p class=\"p1\">needs of\u00a0indigenous elders, women, youth, children and persons with disabilities in the<\/p>\n<p class=\"p1\">implementation of this Declaration.<\/p>\n<p class=\"p1\">2. States shall take measures, in conjunction with indigenous peoples, to<\/p>\n<p class=\"p1\">ensure that indigenous women and children enjoy the full protection and guarantees<\/p>\n<p class=\"p1\">against all forms of violence and discrimination.<\/p>\n<p class=\"p1\">Article 23<\/p>\n<p class=\"p1\">Indigenous peoples have the right to determine and develop priorities and<\/p>\n<p class=\"p1\">strategies for exercising their right to development. In particular, indigenous peoples<\/p>\n<p class=\"p1\">have the right to be actively involved in developing and determining health, housing<\/p>\n<p class=\"p1\">and other economic and social programmes affecting them and, as far as possible, to<\/p>\n<p class=\"p1\">administer such programmes through their own institutions.<\/p>\n<p class=\"p1\">Article 24<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to their traditional medicines and to<\/p>\n<p class=\"p1\">maintain their health practices, including the conservation of their vital medicinal<\/p>\n<p class=\"p1\">plants, animals and minerals. Indigenous individuals also have the right to access,<\/p>\n<p class=\"p1\">without any discrimination, to all social and health services.<\/p>\n<p class=\"p1\">2. Indigenous individuals have an equal right to the enjoyment of the<\/p>\n<p class=\"p1\">highest attainable standard of physical and mental health. States shall take the<\/p>\n<p class=\"p1\">necessary steps with a view to achieving progressively the full realization of this<\/p>\n<p class=\"p1\">right.<\/p>\n<p class=\"p1\">Article 25<\/p>\n<p class=\"p1\">Indigenous peoples have the right to maintain and strengthen their distinctive<\/p>\n<p class=\"p1\">spiritual relationship with their traditionally owned or otherwise occupied and used<\/p>\n<p class=\"p1\">lands, territories, waters and coastal seas and other resources and to uphold their<\/p>\n<p class=\"p1\">responsibilities to future generations in this regard.<\/p>\n<p class=\"p1\">Article 26<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to the lands, territories and resources<\/p>\n<p class=\"p1\">which they have traditionally owned, occupied or otherwise used or acquired.<\/p>\n<p class=\"p1\">2. Indigenous peoples have the right to own, use, develop and control the<\/p>\n<p class=\"p1\">lands, territories and resources that they possess by reason of traditional ownership<\/p>\n<p class=\"p1\">or other traditional occupation or use, as well as those which they have otherwise<\/p>\n<p class=\"p1\">acquired.<\/p>\n<p class=\"p1\">3. States shall give legal recognition and protection to these lands,<\/p>\n<p class=\"p1\">territories and resources. Such recognition shall be conducted with due respect to<\/p>\n<p class=\"p1\">the customs, traditions and land tenure systems of the indigenous peoples<\/p>\n<p class=\"p1\">concerned.<\/p>\n<p class=\"p1\">Article 27<\/p>\n<p class=\"p1\">States shall establish and implement, in conjunction with indigenous peoples<\/p>\n<p class=\"p1\">concerned, a fair, independent, impartial, open and transparent process, giving due<\/p>\n<p class=\"p1\">recognition to indigenous peoples\u2019 laws, traditions, customs and land tenure<\/p>\n<p class=\"p1\">systems, to recognize and adjudicate the rights of indigenous peoples pertaining to<\/p>\n<p class=\"p1\">their lands, territories and resources, including those which were traditionally<\/p>\n<p class=\"p1\">owned or otherwise occupied or used. Indigenous peoples shall have the right to<\/p>\n<p class=\"p1\">participate in this process.<\/p>\n<p class=\"p1\">Article 28<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to redress, by means that can include<\/p>\n<p class=\"p1\">restitution or, when this is not possible, just, fair and equitable compensation, for<\/p>\n<p class=\"p1\">the lands, territories and resources which they have traditionally owned or otherwise<\/p>\n<p class=\"p1\">occupied or used, and which have been confiscated, taken, occupied, used or<\/p>\n<p class=\"p1\">damaged without their free, prior and informed consent.<\/p>\n<p class=\"p1\">2. Unless otherwise freely agreed upon by the peoples concerned,<\/p>\n<p class=\"p1\">compensation shall take the form of lands, territories and resources equal in quality,<\/p>\n<p class=\"p1\">size and legal status or of monetary compensation or other appropriate redress.<\/p>\n<p class=\"p1\">Article 29<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to the conservation and protection of<\/p>\n<p class=\"p1\">the environment and the productive capacity of their lands or territories and<\/p>\n<p class=\"p1\">resources. States shall establish and implement assistance programmes for<\/p>\n<p class=\"p1\">indigenous peoples for such conservation and protection, without discrimination.<\/p>\n<p class=\"p1\">2. States shall take effective measures to ensure that no storage or disposal<\/p>\n<p class=\"p1\">of hazardous materials shall take place in the lands or territories of indigenous<\/p>\n<p class=\"p1\">peoples without their free, prior and informed consent.<\/p>\n<p class=\"p1\">3. States shall also take effective measures to ensure, as needed, that<\/p>\n<p class=\"p1\">programmes for monitoring, maintaining and restoring the health of indigenous<\/p>\n<p class=\"p1\">peoples, as developed and implemented by the peoples affected by such materials,<\/p>\n<p class=\"p1\">are duly implemented.<\/p>\n<p class=\"p1\">Article 30<\/p>\n<p class=\"p1\">1. Military activities shall not take place in the lands or territories of<\/p>\n<p class=\"p1\">indigenous peoples, unless justified by a relevant public interest or otherwise freely<\/p>\n<p class=\"p1\">agreed with or requested by the indigenous peoples concerned.<\/p>\n<p class=\"p1\">2. States shall undertake effective consultations with the indigenous peoples<\/p>\n<p class=\"p1\">concerned, through appropriate procedures and in particular through their<\/p>\n<p class=\"p1\">representative institutions, prior to using their lands or territories for military<\/p>\n<p class=\"p1\">activities.<\/p>\n<p class=\"p1\">Article 31<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to maintain, control, protect and<\/p>\n<p class=\"p1\">develop their cultural heritage, traditional knowledge and traditional cultural<\/p>\n<p class=\"p1\">expressions, as well as the manifestations of their sciences, technologies and<\/p>\n<p class=\"p1\">cultures, including human and genetic resources, seeds, medicines, knowledge of<\/p>\n<p class=\"p1\">the properties of fauna and flora, oral traditions, literatures, designs, sports and<\/p>\n<p class=\"p1\">traditional games and visual and performing arts. They also have the right to<\/p>\n<p class=\"p1\">maintain, control, protect and develop their intellectual property over such cultural<\/p>\n<p class=\"p1\">heritage, traditional knowledge, and traditional cultural expressions.<\/p>\n<p class=\"p1\">2. In conjunction with indigenous peoples, States shall\u00a0take effective<\/p>\n<p class=\"p1\">measures to recognize and protect the exercise of these rights.<\/p>\n<p class=\"p1\">Article 32<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to determine and develop priorities and<\/p>\n<p class=\"p1\">strategies for the development or use of their lands or territories and other resources.<\/p>\n<p class=\"p1\">2. States shall consult and cooperate in good faith with the indigenous<\/p>\n<p class=\"p1\">peoples concerned through their own representative institutions in order to obtain<\/p>\n<p class=\"p1\">their free and informed consent prior to the approval of any project affecting their<\/p>\n<p class=\"p1\">lands or territories and other resources, particularly in connection with the<\/p>\n<p class=\"p1\">development, utilization or exploitation of mineral, water or other resources.<\/p>\n<p class=\"p1\">3. States shall provide effective mechanisms for just and fair redress for any<\/p>\n<p class=\"p1\">such activities, and appropriate measures shall be taken to mitigate adverse<\/p>\n<p class=\"p1\">environmental, economic, social, cultural or spiritual impact.<\/p>\n<p class=\"p1\">Article 33<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to determine their own identity or<\/p>\n<p class=\"p1\">membership in accordance with their customs and traditions. This does not impair<\/p>\n<p class=\"p1\">the right of indigenous individuals to obtain citizenship of the States in which they<\/p>\n<p class=\"p1\">live.<\/p>\n<p class=\"p1\">2. Indigenous peoples have the right to determine the structures and to<\/p>\n<p class=\"p1\">select the membership of their institutions in accordance with their own procedures.<\/p>\n<p class=\"p1\">Article 34<\/p>\n<p class=\"p1\">Indigenous peoples have the right to promote, develop and maintain their<\/p>\n<p class=\"p1\">institutional structures and their distinctive customs, spirituality, traditions,<\/p>\n<p class=\"p1\">procedures, practices and, in the cases where they exist, juridical systems or<\/p>\n<p class=\"p1\">customs, in accordance with international human rights standards.<\/p>\n<p class=\"p1\">Article 35<\/p>\n<p class=\"p1\">Indigenous peoples have the right to determine the responsibilities of<\/p>\n<p class=\"p1\">individuals to their communities.<\/p>\n<p class=\"p1\">Article 36<\/p>\n<p class=\"p1\">1. Indigenous peoples, in particular those divided by international borders,<\/p>\n<p class=\"p1\">have the right to maintain and develop contacts, relations and cooperation, including<\/p>\n<p class=\"p1\">activities for spiritual, cultural, political, economic and social purposes, with their<\/p>\n<p class=\"p1\">own members as well as other peoples across borders.<\/p>\n<p class=\"p1\">2. States, in consultation and cooperation with indigenous peoples, shall<\/p>\n<p class=\"p1\">take effective measures to facilitate the exercise and ensure the implementation of<\/p>\n<p class=\"p1\">this right.<\/p>\n<p class=\"p1\">Article 37<\/p>\n<p class=\"p1\">1. Indigenous peoples have the right to the recognition, observance and<\/p>\n<p class=\"p1\">enforcement of treaties, agreements and other constructive arrangements concluded<\/p>\n<p class=\"p1\">with States or their successors and to have States honour and respect such treaties,<\/p>\n<p class=\"p1\">agreements and other constructive arrangements.<\/p>\n<p class=\"p1\">2. Nothing in this Declaration may be interpreted as diminishing or<\/p>\n<p class=\"p1\">eliminating the rights of indigenous peoples contained in treaties, agreements and<\/p>\n<p class=\"p1\">other constructive arrangements.<\/p>\n<p class=\"p1\">Article 38<\/p>\n<p class=\"p1\">States in consultation and cooperation with indigenous peoples, shall take the<\/p>\n<p class=\"p1\">appropriate measures, including legislative measures, to achieve the ends of this<\/p>\n<p class=\"p1\">Declaration.<\/p>\n<p class=\"p1\">Article 39<\/p>\n<p class=\"p1\">Indigenous peoples have the right to have access to financial and technical<\/p>\n<p class=\"p1\">assistance from States and through international cooperation, for the enjoyment of<\/p>\n<p class=\"p1\">the rights contained in this Declaration.<\/p>\n<p class=\"p1\">Article 40<\/p>\n<p class=\"p1\">Indigenous peoples have the right to access to and prompt decision through<\/p>\n<p class=\"p1\">just and fair procedures for the resolution of conflicts and disputes with States or<\/p>\n<p class=\"p1\">other parties, as well as to effective remedies for all infringements of their<\/p>\n<p class=\"p1\">individual and collective rights. Such a decision shall give due consideration to the<\/p>\n<p class=\"p1\">customs, traditions, rules and legal systems of the indigenous peoples concerned and<\/p>\n<p class=\"p1\">international human rights.<\/p>\n<p class=\"p1\">Article 41<\/p>\n<p class=\"p1\">The organs and specialized agencies of the United Nations system and other<\/p>\n<p class=\"p1\">intergovernmental organizations shall contribute to the full realization of the<\/p>\n<p class=\"p1\">provisions of this Declaration through the mobilization, inter alia, of financial<\/p>\n<p class=\"p1\">cooperation and technical assistance. Ways and means of ensuring participation of<\/p>\n<p class=\"p1\">indigenous peoples on issues affecting them shall be established.<\/p>\n<p class=\"p1\">Article 42<\/p>\n<p class=\"p1\">The United Nations, its bodies, including the Permanent Forum on Indigenous<\/p>\n<p class=\"p1\">Issues, and specialized agencies, including at the country level, and States shall<\/p>\n<p class=\"p1\">promote respect for and full application of the provisions of this Declaration and<\/p>\n<p class=\"p1\">follow up the effectiveness of this Declaration.<\/p>\n<p class=\"p1\">Article 43<\/p>\n<p class=\"p1\">The rights recognized herein constitute the minimum standards for the<\/p>\n<p class=\"p1\">survival, dignity and well-being of the indigenous peoples of the world.<\/p>\n<p class=\"p1\">Article 44<\/p>\n<p class=\"p1\">All the rights and freedoms recognized herein are equally guaranteed to male<\/p>\n<p class=\"p1\">and female indigenous individuals.<\/p>\n<p class=\"p1\">Article 45<\/p>\n<p class=\"p1\">Nothing in this\u00a0Declaration may be construed as diminishing or extinguishing<\/p>\n<p class=\"p1\">the rights indigenous peoples have now or may acquire in the future.<\/p>\n<p class=\"p1\">Article 46<\/p>\n<p class=\"p1\">1. Nothing in this Declaration may be interpreted as implying for any State,<\/p>\n<p class=\"p1\">people, group or person any right to engage in any activity or to perform any act<\/p>\n<p class=\"p1\">contrary to the Charter of the United Nations or construed as authorizing or<\/p>\n<p class=\"p1\">encouraging any action which would dismember or impair, totally or in part, the<\/p>\n<p class=\"p1\">territorial integrity or political unity of sovereign and independent States.<\/p>\n<p class=\"p1\">2. In the exercise of the rights enunciated in the present Declaration, human<\/p>\n<p class=\"p1\">rights and fundamental freedoms of all shall be respected. The exercise of the rights<\/p>\n<p class=\"p1\">set forth in this Declaration shall be subject only to such limitations as are<\/p>\n<p class=\"p1\">determined by law and in accordance with international human rights obligations.<\/p>\n<p class=\"p1\">Any such limitations shall be non-discriminatory and strictly necessary solely for<\/p>\n<p class=\"p1\">the purpose of securing due recognition and respect for the rights and freedoms of<\/p>\n<p class=\"p1\">others and for meeting the just and most compelling requirements of a democratic<\/p>\n<p class=\"p1\">society.<\/p>\n<p class=\"p1\">3. The provisions set forth in this Declaration shall be interpreted in<\/p>\n<p class=\"p1\">accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.<\/p>\n<p class=\"p1\">Source:<\/p>\n<p>http:\/\/www.un.org\/esa\/socdev\/unpfii\/documents\/DRIPS_en.pdf<\/p>\n<p class=\"p1\">Further reading:<\/p>\n<p class=\"p1\">&#8220;The Cultural Rights of Indigenous Peoples: Achievements and Continuing Challenges,&#8221; European Journal of International Law, Vol. 22, Issue 1, Pp. 121-140.<\/p>\n<p class=\"p1\">Photo Attributions:\u00a0&#8220;Babau&#8221; by Antonio Cruz\/Ag\u00eancia Brasil &#8211; http:\/\/agenciabrasil.ebc.com.br\/direitos-humanos\/foto\/2014-04\/cacique-babau-na-comissao-de-direitos-humanos-da-camara. Licensed under CC BY 3.0 br via Wikimedia Commons &#8211; https:\/\/commons.wikimedia.org\/wiki\/File:Babau.jpg#\/media\/File:Babau.jpg<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Editor&#8217;s Note: On September 13, 2007, this ground-breaking declaration was approved by the UN General Assembly, with 144 states voting in favor, with four &#8212; the U.S., Canada, New Zealand and Australia, which have large indigenous populations &#8212; voting against, and with 11 states abstaining. Australia endorsed the document, which is not legally binding, on [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1441,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6,33],"tags":[78,107,63,69,105],"class_list":["post-612","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-20century","category-declaration-of-rights","tag-equality","tag-indigenous-people","tag-liberty","tag-rights","tag-united-nations"],"_links":{"self":[{"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/posts\/612","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/declarationproject.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=612"}],"version-history":[{"count":6,"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/posts\/612\/revisions"}],"predecessor-version":[{"id":1442,"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/posts\/612\/revisions\/1442"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/declarationproject.org\/index.php?rest_route=\/wp\/v2\/media\/1441"}],"wp:attachment":[{"href":"https:\/\/declarationproject.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/declarationproject.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=612"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/declarationproject.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}