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Draft DeclarationonThe Human RightsofIndigenous PeoplesUnited Nations - Commission on Human Rights
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The Draft Declaration
on the Human Rights
of Indigenous Peoples
Published by the United Nations,
23 August 1993
DRAFT DECLARATION AS AGREED UPON
BY THE MEMBERS OF THE WORKING GROUP
AT ITS ELEVENTH SESSION
AFFIRMING that indigenous peoples are equal in dignity
and rights 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 been deprived of
their human rights and fundamental freedoms, resulting,
inter alia, in 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 and characteristics of indigenous peoples,
especially their rights to their lands, territories and
resources, which derive from their political, economic and
social structures and from their cultures, spiritual
traditions, histories and philosophies,
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 need for demilitarization of the lands
and territories of indigenous peoples, which will contribute
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,
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 treaties, agreements and other
arrangements between States and indigenous peoples are
properly matters of international concern and
responsibility,
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,
ENCOURAGING States to comply with and effectively
implement all international instruments, in particular those
related to human rights, as they apply to indigenous
peoples, 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,
SOLEMNLY PROCLAIMS the following United Nations
Declaration on the Rights of Indigenous Peoples:
PART I
Article 1
Indigenous peoples have the right to the full and
effective 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
Indigenous individuals and peoples are free and equal
to all other individuals and peoples in dignity and rights,
and have the right to be free from any kind of adverse
discrimination, 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 have the right to maintain and
strengthen their distinct political, economic, social and
cultural characteristics, as well as their legal systems,
while retaining their rights to participate fully, if they
so choose, in the political, economic, social and cultural
life of the State.
Article 5
Every indigenous individual has the right to a
nationality.
PART II
Article 6
Indigenous peoples have the collective right to live in
freedom, peace and security as distinct peoples and to full
guarantees against genocide or any other act of violence,
including the removal of indigenous children from their
families and communities under any pretext.
In addition, they have the individual rights to life,
physical and mental integrity, liberty and security of
person.
Article 7
Indigenous peoples have the collective and individual
right not to be subjected to ethnocide and cultural
genocide, including 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 population transfer which has the aim or
effect of violating or undermining any of their
rights;
(d) Any form of assimilation or integration by other
cultures or ways of life imposed on them by
legislative, administrative or other measures;
(e) Any form of propaganda directed against them.
Article 8
Indigenous peoples have the collective and individual
right to maintain and develop their distinct identities and
characteristics, including the right to identify themselves
as indigenous and to be recognized as such.
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 disadvantage 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 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
Indigenous peoples have the right to special protection
and security in periods of armed conflict.
States shall observe international standards, in
particular the Fourth Geneva Convention of 1949, for the
protection of civilian populations in circumstances of
emergency and armed conflict, and shall not:
(a) Recruit indigenous individuals against their will
into the armed forces and, in particular, for use
against other indigenous peoples;
(b) Recruit indigenous children into the armed forces
under any circumstances;
(c) Force indigenous individuals to abandon their lands,
territories or means of subsistence, or relocate them
in special centres for military purposes;
(d) Force indigenous individuals to work for military
purposes under any discriminatory conditions.
PART III
Article 12
Indigenous peoples have the right to practise and
revitalize their cultural traditions and customs. This
includes the right to maintain, protect and develop the
past, present and future manifestations of their cultures,
such as archaeological and historical sites, artifacts,
designs, ceremonies, technologies and visual and performing
arts and literature, as well as the right to the restitution
of cultural, intellectual, religious and spiritual property
taken without their free and informed consent or in
violation of their laws, traditions and customs.
Article 13
Indigenous peoples have the right to manifest,
practise, develop and teach their spiritual and religious
traditions, customs and ceremonies; the right to maintain,
protect, and have access in privacy to their religious and
cultural sites; the right to the use and control of
ceremonial objects; and the right to the repatriation of
human remains.
States shall take effective measures, in conjunction
with the indigenous peoples concerned, to ensure that
indigenous sacred places, including burial sites, be
preserved, respected and protected.
Article 14
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.
States shall take effective measures, whenever any
right of indigenous peoples may be threatened, to ensure
this right is protected and also to ensure that they can
understand and be understood in political, legal and
administrative proceedings, where necessary through the
provision of interpretation or by other appropriate means.
PART IV
Article 15
Indigenous children have the right to all levels and
forms of education of the State. All indigenous peoples also
have this right and 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.
Indigenous children living outside their communities
have the right to be provided access to education in their
own culture and language.
States shall take effective measures to provide
appropriate resources for these purposes.
Article 16
Indigenous peoples have the right to have the dignity
and diversity of their cultures, traditions, histories and
aspirations appropriately reflected in all forms of
education and public information.
States shall take effective measures, in consultation
with the indigenous peoples concerned, to eliminate
prejudice and discrimination and to promote tolerance,
understanding and good relations among indigenous peoples
and all segments of society.
Article 17
Indigenous peoples have the right to establish their
own media in their own languages. They also have the right
to equal access to all forms of non-indigenous media.
States shall take effective measures to ensure that
State-owned media duly reflect indigenous cultural
diversity.
Article 18
Indigenous peoples have the right to enjoy fully all
rights established under international labour law and
national labour legislation.
Indigenous individuals have the right not to be
subjected to any discriminatory conditions of labour,
employment or salary.
PART V
Article 19
Indigenous peoples have the right to participate fully,
if they so choose, at all levels of decision-making in
matters which may affect their rights, lives and destinies
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 20
Indigenous peoples have the right to participate fully,
if they so choose, through procedures determined by them, in
devising legislative or administrative measures that may
affect them.
States shall obtain the free and informed consent of
the peoples concerned before adopting and implementing such
measures.
Article 21
Indigenous peoples have the right to maintain and
develop their political, economic and social systems, 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. Indigenous
peoples who have been deprived of their means of subsistence
and development are entitled to just and fair compensation.
Article 22
Indigenous peoples have the right to special measures
for the immediate, effective and continuing improvement of
their economic and social conditions, including in the areas
of employment, vocational training and retraining, housing,
sanitation, health and social security.
Particular attention shall be paid to the rights and
special needs of indigenous elders, women, youth, children
and disabled persons.
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 determine and develop all 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
Indigenous peoples have the right to their traditional
medicines and health practices, including the right to the
protection of vital medicinal plants, animals and minerals.
They also have the right to access, without any
discrimination, to all medical institutions, health services
and medical care.
PART VI
Article 25
Indigenous peoples have the right to maintain and
strengthen their distinctive spiritual and material
relationship with the lands, territories, waters and coastal
seas and other resources which they have traditionally owned
or otherwise occupied or used, and to uphold their
responsibilities to future generations in this regard.
Article 26
Indigenous peoples have the right to own, develop,
control and use the lands and territories, including the
total environment of the lands, air, waters, coastal seas,
sea-ice, flora and fauna and other resources which they have
traditionally owned or otherwise occupied or used. This
includes the right to the full recognition of their laws,
traditions and customs, land-tenure systems and institutions
for the development and management of resources, and the
right to effective measures by States to prevent any
interference with, alienation of or encroachment upon these
rights.
Article 27
Indigenous peoples have the right to the restitution of
the lands, territories and resources which they have
traditionally owned or otherwise occupied or used, and which
have been confiscated, occupied, used or damaged without
their free and informed consent. Where this is not possible,
they have the right to just and fair compensation. 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.
Article 28
Indigenous peoples have the right to the conservation,
restoration and protection of the total environment and the
productive capacity of their lands, territories and
resources, as well as to assistance for this purpose from
States and through international cooperation. Military
activities shall not take place in the lands and territories
of indigenous peoples, unless otherwise freely agreed upon
by the peoples concerned.
States shall take effective measures to ensure that no
storage or disposal of hazardous materials shall take place
in the lands and territories of indigenous peoples.
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 29
Indigenous peoples are entitled to the recognition of
the full ownership, control and protection of their cultural
and intellectual property.
They have the right to special measures to control,
develop and protect their sciences, technologies and
cultural manifestations, including human and other genetic
resources, seeds, medicines, knowledge of the properties of
fauna and flora, oral traditions, literatures, designs and
visual and performing arts.
Article 30
Indigenous peoples have the right to determine and
develop priorities and strategies for the development or use
of their lands, territories and other resources, including
the right to require that States obtain their free and
informed consent prior to the approval of any project
affecting their lands, territories and other resources,
particularly in connection with the development, utilization
or exploitation of mineral, water or other resources.
Pursuant to agreement with the indigenous peoples concerned,
just and fair compensation shall be provided for any such
activities and measures taken to mitigate adverse
environmental, economic, social, cultural or spiritual
impact.
PART VII
Article 31
Indigenous peoples, as a specific form of exercising
their right to self-determination, have the right to
autonomy or self-government in matters relating to their
internal and local affairs, including culture, religion,
education, information, media, health, housing, employment,
social welfare, economic activities, land and resources
management, environment and entry by non-members, as well as
ways and means for financing these autonomous functions.
Article 32
Indigenous peoples have the collective right to
determine their own citizenship in accordance with their
customs and traditions. Indigenous citizenship does not
impair the right of indigenous individuals to obtain
citizenship of the States in which they live.
Indigenous peoples have the right to determine the
structures and to select the membership of their
institutions in accordance with their own procedures.
Article 33
Indigenous peoples have the right to promote, develop
and maintain their institutional structures and their
distinctive juridical customs, traditions, procedures and
practices, in accordance with internationally recognized
human rights standards.
Article 34
Indigenous peoples have the collective right to
determine the responsibilities of individuals to their
communities.
Article 35
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 other peoples across borders.
States shall take effective measures to ensure the
exercise and implementation of this right.
Article 36
Indigenous peoples have the right to the recognition,
observance and enforcement of treaties, agreements and other
constructive arrangements concluded with States or their
successors, according to their original spirit and intent,
and to have States honour and respect such treaties,
agreements and other constructive arrangements. Conflicts
and disputes which cannot otherwise be settled should be
submitted to competent international bodies agreed to by all
parties concerned.
PART VIII
Article 37
States shall take effective and appropriate measures,
in consultation with the indigenous peoples concerned, to
give full effect to the provisions of this Declaration. The
rights recognized herein shall be adopted and included in
national legislation in such a manner that indigenous
peoples can avail themselves of such rights in practice.
Article 38
Indigenous peoples have the right to have access to
adequate financial and technical assistance, from States and
through international cooperation, to pursue freely their
political, economic, social, cultural and spiritual
development and for the enjoyment of the rights and freedoms
recognized in this Declaration.
Article 39
Indigenous peoples have the right to have access to and
prompt decision through mutually acceptable and fair
procedures for the resolution of conflicts and disputes with
States, as well as to effective remedies for all
infringements of their individual and collective rights.
Such a decision shall take into consideration the customs,
traditions, rules and legal systems of the indigenous
peoples concerned.
Article 40
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 41
The United Nations shall take the necessary steps to
ensure the implementation of this Declaration including the
creation of a body at the highest level with special
competence in this field and with the direct participation
of indigenous peoples. All United Nations bodies shall
promote respect for and full application of the provisions
of this Declaration.
PART IX
Article 42
The rights recognized herein constitute the minimum
standards for the survival, dignity and well-being of the
indigenous peoples of the world.
Article 43
All the rights and freedoms recognized herein are
equally guaranteed to male and female indigenous
individuals.
Article 44
Nothing in this Declaration may be construed as
diminishing or extinguishing existing or future rights
indigenous peoples may have or acquire.
Article 45
Nothing in this Declaration may be interpreted as
implying for any State, group or person any right to engage
in any activity or to perform any act contrary to the
Charter of the United Nations.
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Draft DeclarationonThe Human RightsofIndigenous Peoples
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