United Nations Declaration on the Rights of Indigenous Peoples
Adopted by General Assembly resolution 61/295 of 13 September 2007
The General Assembly, guided by the purposes and principles of the Charter of the United Nations and the principle of good faith in fulfilling the obligations assumed by States in accordance with the Charter, reaffirming that indigenous peoples are equal with all other peoples, while recognizing the right of all peoples to differ from each other, to consider themselves different from others and to be respected in such their Reaffirming also that all peoples contribute to the diversity and richness of civilizations and cultures that constitute the common heritage of mankind, Reaffirming further that any doctrines, policies and practices that are based on the superiority of peoples or people based on national origin or racial, religious, ethnic and cultural differences, or that assert such superiority, are racist, scientifically untenable, legally invalid, morally reprehensible and socially unfair, Reaffirming that indigenous peoples, in exercising their rights, rights should be free from any discrimination, being concerned that, That indigenous peoples have been victims of historical injustices as a result, inter alia, of their colonization and the deprivation of their lands, territories and resources, which prevents them from exercising, inter alia, their right to development in accordance with their needs and interests, recognizing the urgent need to respect and promote the inalienable rights of indigenous peoples based on their political economic and social structures, as well as their culture, spiritual traditions, history and philosophy, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples as enshrined in treaties, agreements and other constructive arrangements with States, noting with satisfaction that indigenous peoples are joining forces for political, economic, social and cultural development and to put an end to all forms of discrimination and oppression wherever possible, Convinced that the exercise of control by indigenous peoples over events affecting them and their lands, territories and resources, It will enable them to preserve and strengthen their institutions, culture and traditions, as well as promote their development in accordance with their aspirations and needs, recognizing that respect for indigenous peoples' knowledge, culture and traditional practices contributes to sustainable and equitable development and proper environmental care, emphasizing the contribution of demilitarization of indigenous lands and territories to achieving peace, economic and social progress and development, mutual understanding and friendly relations among the nations and peoples of the world, recognizing in particular, The right of indigenous families and communities to maintain joint responsibility for the upbringing, education, education and well-being of their children, in accordance with the rights of the child, considering that the rights enshrined in treaties, agreements and other constructive agreements between States and indigenous peoples are in some situations the subject of concern, interest and responsibility of the international community and are of an international nature, considering also that treaties, agreements and other constructive arrangements and the relations they reflect, They serve as the basis for a stronger partnership between indigenous peoples and States, recognizing 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 establish their political status and freely pursue their economic, social and cultural development, bearing in mind that, That nothing in this Declaration can be used to deny any people their right to self-determination, exercised in accordance with international law, being convinced that the recognition of the rights of indigenous peoples in accordance with this Declaration will contribute to the development of harmonious and cooperative relations between the State and indigenous peoples based on the principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to respect and effectively implement all their obligations towards indigenous peoples under international treaties, in particular those related to human rights, in consultation and cooperation with the peoples concerned, emphasizing that the United Nations has an important and consistent role to play in the promotion and protection of the rights of indigenous peoples, believing that This Declaration is another important step towards recognition., to promote and protect the rights and freedoms of indigenous peoples and to develop the relevant activities of the United Nations system in this field, recognizing and reaffirming that indigenous peoples have the right, without discrimination, to enjoy all human rights recognized in international law, and that indigenous peoples have collective rights that are absolutely They are necessary for their existence, well-being and comprehensive development as peoples, recognizing, That the situation of indigenous peoples varies from region to region and in different countries, and that the importance of national and regional specificities and different historical and cultural traditions must be taken into account, solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a benchmark to be followed in a spirit of partnership and mutual respect.:
Article 1
Indigenous peoples have the right, collectively and individually, to the full enjoyment of all human rights and fundamental freedoms recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.
Article 2
Persons belonging to indigenous peoples and indigenous peoples are free and equal with all other peoples and individuals from among them and have the right to be free from any discrimination in the exercise of their rights, in particular discrimination based on their indigenous origin or identity.
Article 3
Indigenous peoples have the right to self-determination. By virtue of this 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 related to their internal and local affairs, as well as ways and means of financing their autonomous functions.
Article 5
Indigenous peoples have the right to preserve and strengthen their special political, legal, economic, social and cultural institutions, while preserving their right, if they so wish, to participate fully in the political, economic, social and cultural life of the State.
Article 6
Every person belonging to an indigenous people has the right to citizenship.
Article 7
1. Persons belonging to indigenous peoples have the right to life, physical and mental integrity, freedom and personal security. 2. Indigenous peoples have the collective right to live in freedom, peace and security as indigenous peoples and should not be subjected to any acts of genocide or any other acts of violence, including the forced transfer of children belonging to a group to another.
Article 8
1. Indigenous peoples and persons belonging to them have the right not to be subjected to forced assimilation or pressure aimed at destroying their culture. 2. States shall provide effective mechanisms for prevention and legal protection in relation to: (a) any action aimed at or resulting in the deprivation of their integrity as distinct peoples or their cultural values or ethnicity; (b) any action aimed at or resulting in the deprivation of their lands, territories or resources.; (c) Forced displacement of populations in any form, with the aim or result of violating or undermining any of their rights; (d) Forced assimilation or integration in any form; (e) Propaganda in any form, with the aim of encouraging or inciting racial or ethnic discrimination directed against them.
Article 9
Indigenous peoples and persons belonging to them have the right to belong to an indigenous community or nationality in accordance with the traditions and customs of that community or nationality. The exercise of such a right may not give rise to any form of discrimination.
Article 10
Indigenous peoples are not subject to forced displacement from their lands or territories. No transfer takes place without the free, prior and informed consent of the indigenous peoples concerned and takes place after the conclusion of an agreement providing for fair and equitable compensation and, where possible, the option of return.
Article 11
1. Indigenous peoples have the right to respect and revive their cultural traditions and customs. This includes the right to preserve, protect and develop the past, present and future forms of their culture, such as archaeological and historical sites, monuments of material culture, drawings, rituals, technologies, visual and performing arts and literature. 2. States shall provide remedies through effective mechanisms, which may include restitution, developed jointly with indigenous peoples, in respect of their cultural, intellectual, religious and religious property alienated 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 observe, practice, develop and transmit their spiritual and religious traditions, customs and rituals; the right to preserve, protect and visit their places of religious and cultural significance without outside presence; the right to use and dispose of their ceremonial objects and the right to bury the remains of their dead in their homeland. 2. States shall strive to ensure that the ceremonial objects and remains of the deceased in their possession can be accessed and/or returned to their homeland through fair, transparent and effective mechanisms developed jointly with the indigenous peoples concerned.
Article 13
1. Indigenous peoples have the right to revive, use, develop and transmit to future generations their history, languages, oral traditions, philosophy, writing and literature, as well as to give their own names and names to communities, places and persons and preserve them. 2. States shall take effective measures to ensure the protection of this right, as well as to ensure that indigenous peoples can understand and be understood during political, judicial and administrative processes, by providing translation or other appropriate means, if necessary.
Article 14
1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their native languages in a manner consistent with their culturally appropriate teaching and learning methods. 2. Indigenous people, especially children, have the right to receive public education at all levels and in all forms without discrimination. 3. States, together with indigenous peoples, shall take effective measures to ensure that indigenous persons, in particular children, including those living outside their communities, have, whenever possible, access to education in accordance with their cultural traditions and in their language.
Article 15
1. Indigenous peoples have the right to the dignity and diversity of their culture, traditions, history and aspirations, which should be appropriately reflected in education and public information. 2. States, in consultation and cooperation with the indigenous peoples concerned, shall take effective measures to combat prejudice, eliminate discrimination and promote tolerance, mutual understanding and good relations between indigenous peoples and all other sectors 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 types of non-indigenous media without discrimination. 2. States shall take effective measures to ensure that the cultural diversity of indigenous peoples is adequately reflected in the State media. Without prejudice to ensuring full freedom of expression, States should encourage private media to adequately reflect the cultural diversity of indigenous peoples.
Article 17
1. Persons belonging to indigenous peoples and indigenous peoples have the right to fully exercise all rights established in accordance with applicable international and domestic labour law. 2. States, in consultation and cooperation with indigenous peoples, shall take concrete measures to protect indigenous children from economic exploitation and from performing any work that may be dangerous or interfere with the child's studies, or harm the health or physical, mental, spiritual, moral or social development of children, taking into account their particular vulnerability and the importance of education for expanding their capabilities. 3. Persons belonging to indigenous peoples have the right not to be discriminated against with regard to their working conditions and, in particular, employment or wages.
Article 18
Indigenous peoples have the right to participate in decision-making on issues affecting their rights through representatives elected by themselves according to their own procedures, as well as to maintain and develop their own decision-making institutions.
Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their 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 preserve and develop their political, economic and social systems or institutions, to enjoy the guaranteed use of their means of subsistence and development, and to freely engage in their traditional and other economic activities. 2. Indigenous peoples deprived of their means of subsistence and development have the right to fair compensation for damages.
Article 21
1. Indigenous peoples have the right, without discrimination, to improve their socio-economic conditions, including, in particular, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, if necessary, special measures to ensure the continuous improvement of their socio-economic living conditions. Specific attention is paid to the rights and special needs of the elderly, women, youth, children and persons with disabilities belonging to indigenous peoples.
Article 22
1. In implementing this Declaration, specific attention shall be paid to the rights and special needs of the elderly, women, youth, children and persons with disabilities belonging to indigenous peoples. 2. States, together with indigenous peoples, shall take measures to ensure that indigenous women and children enjoy full protection and guarantees from all forms of violence and discrimination.
Article 23
Indigenous peoples have the right to set priorities and develop strategies for the realization of their right to development. In particular, indigenous peoples have the right to actively participate in the development and definition of health, housing and other socio-economic programmes that affect them, and, to the extent possible, to implement such programmes through their own institutions.
Article 24
1. Indigenous peoples have the right to their traditional medicine and to preserve their healing practices, including the preservation of essential medicinal plants, animals and minerals. Indigenous people also have the right to access all types of social and medical services without discrimination. 2. Persons belonging to indigenous peoples have the equal right to enjoy the highest attainable standard of physical and mental health. States shall take all necessary steps to gradually achieve the goal of the full realization of this right.
Article 25
Indigenous peoples have the right to maintain and strengthen their special spiritual connection with lands, territories, waters and coastal waters traditionally owned by them or otherwise occupied or used by them, as well as other resources, and to bear their responsibility to future generations in this regard.
Article 26
1. Indigenous peoples have the right to lands, territories, and resources that they have traditionally owned, occupied, or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop or control lands, territories and resources that they possess by virtue of traditional ownership or other traditional occupation or use, as well as those that they have acquired in other ways. 3. States shall ensure the legal recognition and protection of such lands, territories and resources. Such recognition is carried out with due respect for the customs, traditions and land tenure systems of the indigenous peoples concerned.
Article 27
States, with due recognition of the laws, traditions, customs and land tenure systems of indigenous peoples, shall establish and implement, together with the indigenous peoples concerned, a fair, independent, impartial, open and transparent process for recognizing and legally confirming the rights of indigenous peoples with respect to their lands, territories and resources, including those they have traditionally owned or otherwise occupied or used. Indigenous peoples have the right to participate in this process.
Article 28
1. Indigenous peoples have the right to compensation through means that may include restitution or, where this is not possible, fair compensation for lands, territories and resources that they have traditionally owned or otherwise occupied or used and that have been confiscated, alienated, occupied, used or who have been harmed without their free, prior, and informed consent. 2. Unless otherwise voluntarily agreed with the peoples concerned, such compensation is provided in the form of lands, territories and resources of equal quality, size and legal status, or in the form of monetary compensation or other appropriate compensation.
Article 29
1. Indigenous peoples have the right to preserve and protect the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples in order to ensure such conservation and protection without discrimination. 2. States shall take effective measures to prevent the storage of hazardous materials on the lands or territories of indigenous peoples or the export of hazardous materials to the lands or territories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, where necessary, the proper implementation of programmes for monitoring, preserving and restoring the health of indigenous peoples as they are developed and implemented by peoples who have been adversely affected by such materials.
Article 30
1. Military activities on the lands or territories of indigenous peoples are not carried out, except in cases where their conduct is justified by the existence of relevant State interests or there is otherwise freely expressed consent or request from the relevant indigenous peoples. 2. Before using indigenous peoples' lands or territories for military activities, States conduct effective consultations with the indigenous peoples concerned through appropriate procedures and, in particular, through their representative institutions.
Article 31
1. Indigenous peoples have the right to preserve, control, protect and develop their cultural heritage, traditional knowledge and traditional forms of cultural expression, as well as manifestations of their scientific knowledge, technology and culture, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literary works, drawings, sports and traditional games, and visual and performing arts. They also have the right to preserve, control, protect and develop their intellectual property in such cultural heritage, traditional knowledge and traditional forms of cultural expression. 2. Together with indigenous peoples, States take effective measures to recognize and protect the exercise of these rights.
Article 32
1. Indigenous peoples have the right to determine priorities and develop 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 representative institutions in order to obtain their free and informed consent before approving any project affecting their lands or territories and other resources, especially in connection with the development, use or exploitation of minerals, water or other resources. 3. States provide effective mechanisms for fair and equitable compensation in connection with any such activity, and appropriate measures are taken to mitigate its adverse effects on the environment, economy, society, culture or spiritual development.
Article 33
1. Indigenous peoples have the right to define themselves or their ethnicity in accordance with their customs and traditions. This is without prejudice to the right of persons belonging to indigenous peoples to obtain citizenship of the States in which they reside. 2. Indigenous peoples have the right to determine the structure and elect members to their institutions in accordance with their own procedures.
Article 34
Indigenous peoples have the right to promote, develop and preserve their institutional structures and their special customs, spirituality, traditions, procedures, practices and, where they exist, legal systems or customs, in accordance with international human rights standards.
Article 35
Indigenous peoples have the right to determine the responsibilities of individuals towards their communities.
Article 36
1. Indigenous peoples, in particular those peoples divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including in connection with spiritual, cultural, political, economic and social activities, with those who are part of them, as well as with other peoples across borders.. 2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise of this right and ensure its implementation.
Article 37
1. Indigenous peoples have the right to recognize, respect, and enforce treaties, agreements, and other constructive arrangements concluded with States or their legal successors, and to have such treaties, agreements, and other constructive arrangements respected and respected by States. 2. Nothing in this Declaration may be interpreted as diminishing or excluding 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 effective measures, including legislative measures, to achieve the objectives of this Declaration.
Article 39
Indigenous peoples have the right to access financial and technical assistance from States and through international cooperation for the realization of the rights contained in this Declaration.
Article 40
Indigenous peoples have the right to access and prompt resolution through fair procedures for the settlement of conflicts and disputes with States or other parties, as well as effective remedies for any violations of their individual and collective rights. Such decisions take due account of the customs, traditions, norms 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, inter alia, cooperation for the provision of financial and technical assistance. Ways and means of ensuring the participation of indigenous peoples in addressing issues affecting them should be identified.
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 take follow-up measures for the effective implementation of this Declaration.
Article 43
The rights recognized in this Declaration represent the minimum standards for ensuring the survival, dignity and well-being of the world's indigenous peoples.
Article 44
All the rights and freedoms recognized in this Declaration are equally guaranteed to men and women belonging to indigenous peoples.
Article 45
Nothing in this Declaration may be interpreted as diminishing or terminating the rights that indigenous peoples currently possess or may acquire in the future.
Article 46
1. Nothing in this Declaration may be interpreted as implying any right of any State, people, group of persons or individual to engage in any activity or to commit any act in violation of the Charter of the United Nations, or to be considered as authorizing or encouraging any action that would lead to the dismemberment or partial or total violation of territorial integrity and the political unity of sovereign and independent States. 2. The human rights and fundamental freedoms of all are respected in the exercise of the rights set forth in this Declaration. The exercise of the rights set forth in this Declaration is subject only to such restrictions as are determined by law and in accordance with international human rights obligations. Any such restrictions are non-discriminatory and strictly necessary solely for the purpose of ensuring due recognition and respect for the rights and freedoms of others and meeting the just and most pressing demands of a democratic society. 3. The provisions set forth in this Declaration are interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and integrity.
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