Section Two: Human Rights
Full Effect and Observance of Human Rights
Indigenous peoples and persons have the right to the full and effective
enjoyment of the human rights and fundamental freedoms recognized in the
Charter of the OAS, the American Declaration of the Rights and Duties of
Man, and, where applicable, the American Convention on Human Rights, and
other international human rights instruments. Nothing in this Declaration
may be interpreted so as to limit, restrict, or deny in any way those
rights, or so as to authorize any action that is not in keeping with the
principles of international law, including international human rights law.
Article VI. Collective Rights
1. Indigenous peoples have collective rights that are indispensable for
their continued existence, well-being, and development as peoples, and for
the enjoyment of the individual rights of their members.
2. In this regard, the States recognize, inter alia, the right of the
indigenous peoples to their collective action; to their social, political,
and economic organization; to their own cultures; to profess and practice
their spiritual beliefs, and to use their languages.
Article VII. Gender Equality
All the rights and freedoms recognized in the present Declaration are
guaranteed equally to indigenous women and men. The States condemn
violence based on gender or age, which impedes and diminishes the exercise
of those rights.
Article VIII. Right to Belong to an Indigenous People
Indigenous persons and communities have the right to belong to a given
indigenous people, in accordance with the traditions and customs of that
Article IX. Juridical Personality
Indigenous peoples and communities have the right to recognition of their
juridical personality by the States. The States shall adopt the necessary
measures to ensure that said juridical personality respects the indigenous
forms of organization and allows for the full exercise of the rights
recognized in this Declaration.
Article X. Rejection of Assimilation
1. Indigenous peoples have the right to maintain, express, and freely
develop their cultural identity in all respects, free from any external
attempt at assimilation.
2. The States shall not adopt any policy to assimilate the indigenous
peoples or to destroy their cultures.
3. Indigenous peoples have the right to not be subjected to any form of
genocide or attempts to exterminate them.
Article XI. Special Guarantees Against Racism, Racial Discrimination,
Xenophobia, and Related Forms of Intolerance
1. Indigenous peoples have the right to protection from racism, racial
discrimination, xenophobia, and related forms of intolerance. In this
regard, the States shall adopt special measures, when necessary, for the
full enjoyment of internationally and nationally recognized human rights,
and shall adopt all necessary measures so that indigenous women, men, and
children can enjoy their civil, political, economic, social, cultural, and
2. Indigenous peoples have the right to participate in the determination
of those special guarantees.
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