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UNITED NATIONS DRAFT DECLARATION 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, PART I 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.
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. 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:
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.
PART III 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. 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.
PART IV 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. 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. 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. Article 18 Indigenous peoples have the
right to enjoy fully all rights established under international labour law
and national labour legislation.
PART V 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. 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. 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.
PART VI 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. Article 29 Indigenous peoples are
entitled to the recognition of the full ownership, control and protection
of their cultural and intellectual property. 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 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. 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. 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 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 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. |
