http://www.ohchr.org/EN/Issues/IPeoples/Pages/Declaration.aspx
Human Rights Council
Resolution 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
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..
The voting was as follows:
In favour: Azerbaijan,
Brazil, Cameroon, China, Cuba, Czech Republic, Ecuador, Finland,
France, Germany, Guatemala, India, Indonesia, Japan, Malaysia,
Mauritius, Mexico, Netherlands, Pakistan, Peru, Poland, Republic of
Korea, Romania, Saudi Arabia, South Africa, Sri Lanka, Switzerland,
United Kingdom of Great Britain and Northern Ireland, Uruguay, Zambia
Against: Canada,
Russian Federation
Abstaining: Algeria,
Argentina, Bahrain, Bangladesh, Ghana, Jordan, Morocco, Nigeria, the
Philippines, Senegal, Tunisia, Ukraine.]
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.
