United Nations Declaration on the Rights of Indigenous Peoples

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United Nations

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Indigenous

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United Nations

Resolution adopted by the

General Assembly on 13 September 2007

[without reference to a Main Committee (A/61/L.67

and Add.1)]

61/295. United Nations Declaration on the

Rights of Indigenous Peoples

The General Assembly,

Taking note of the recommendation of the

Human Rights Council contained in its

resolution 1/2 of 29 June 2006

, by which the

Council adopted the text of the United Nations

Declaration on the Rights of Indigenous Peoples,

Recalling its resolution 61/178 of 20 December

2006, by which it decided to defer consideration

of and action on the Declaration to allow time for

further consultations thereon, and also decided

to conclude its consideration before the end of

the sixty-first session of the General Assembly,

1 See Official Records of the General Assembly, Sixty-first Session,

Supplement No. 53 (A/61/53), part one, chap. II, sect. A.

Adopts the United Nations Declaration on the

Rights of Indigenous Peoples as contained in the

annex to the present resolution.

107th plenary meeting

13 September 2007

Annex

United Nations Declaration

on the Rights of Indigenous Peoples

The General Assembly,

Guided by the purposes and principles of the

Charter of the United Nations, and good faith

in the fulfilment of the obligations assumed by

States in accordance with the Charter,

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 hu-

mankind,

Affirming further that all doctrines, policies and

practices based on or advocating superiority of

peoples or individuals on the basis of national

origin or racial, religious, ethnic or cultural differ-

ences are racist, scientifically false, legally invalid,

morally condemnable and socially unjust,

Reaffirming that indigenous peoples, in the exer-

cise of their rights, should be free from discrimi-

nation 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, ter-

ritories 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 peo-

ples 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,

Recognizing also the urgent need to respect

and promote the rights of indigenous peoples

affirmed in treaties, agreements and other con-

structive arrangements with States,

Welcoming the fact that indigenous peoples are

organizing themselves for political, economic,

social and cultural enhancement and in order to

bring to an end all forms of discrimination and op-

pression 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, cul-

tures and traditions, and to promote their devel-

opment in accordance with their aspirations and

needs,

Recognizing that respect for indigenous knowl-

edge, cultures and traditional practices contrib-

utes to sustainable and equitable development

and proper management of the environment,

Emphasizing the contribution of the demilitariza-

tion of the lands and territories of indigenous

peoples to peace, economic and social progress

and development, understanding and friendly re-

lations among nations and peoples of the world,

Recognizing in particular the right of indigenous

families and communities to retain shared re-

sponsibility for the upbringing, training, educa-

tion and well-being of their children, consistent

with the rights of the child,

Considering that the rights affirmed in treaties,

agreements and other constructive arrange-

ments between States and indigenous peoples

are, in some situations, matters of international

concern, interest, responsibility and character,

Considering also that treaties, agreements and

other constructive arrangements, and the re-

lationship 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 Econom-

ic, Social and Cultural Rights

and the Interna-

tional Covenant on Civil and Political Rights,

well as the Vienna Declaration and Programme

of Action,

affirm the fundamental importance of

the right to self-determination of all peoples, by

2 See resolution 2200 A (XXI), annex.

3 A/CONF.157/24 (Part I), chap. III.

virtue of which they freely determine their politi-

cal 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 to

self-determination, exercised in conformity with

international law,

Convinced that the recognition of the rights of

indigenous peoples in this Declaration will en-

hance harmonious and cooperative relations be-

tween 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 effective-

ly implement all their obligations as they apply to

indigenous peoples under international instru-

ments, 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 pro-

moting 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,

Recognizing that the situation of indigenous

peoples varies from region to region and from

country to country and that the significance of

national and regional particularities and various

historical and cultural backgrounds should be

taken into consideration,

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 en-

joyment, as a collective or as individuals, of all

human rights and fundamental freedoms as rec-

ognized in the Charter of the United Nations, the

Universal Declaration of Human Rights

and in-

ternational 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 discrim-

ination, in the exercise of their rights, in particular

that based on their indigenous origin or identity.

Article 3

Indigenous peoples have the right to self-deter-

mination. By virtue of that right they freely deter-

mine 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 inter-

nal and local affairs, as well as ways and means for

financing their autonomous functions.

4 Resolution 217 A (III).

Article 5

Indigenous peoples have the right to maintain

and strengthen their distinct political, legal, eco-

nomic, social and cultural institutions, while re-

taining their right to participate fully, if they so

choose, in the political, economic, social and cul-

tural life of the State.

Article 6

Every indigenous individual has the right to a na-

tionality.

Article 7

1. Indigenous individuals have the rights to life,

physical and mental integrity, liberty and secu-

rity 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 an-

other 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;

which has the aim or effect of violating or

undermining any of their rights;

(d) Any form of forced assimilation or integra-

tion;

(e) Any form of propaganda designed to pro-

mote 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 discrim-

ination 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 practise

and revitalize their cultural traditions and cus-

toms. This includes the right to maintain, pro-

tect and develop the past, present and future

manifestations of their cultures, such as ar-

chaeological and historical sites, artefacts, de-

signs, 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, intellec-

tual, religious and spiritual property taken with-

out 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,

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 their ceremo-

nial 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, trans-

parent 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 genera-

tions 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

that this right is protected and also to ensure

that indigenous peoples can understand and

be understood in political, legal and adminis-

trative proceedings, where necessary through

the provision of interpretation or by other ap-

propriate means.

Article 14

1. Indigenous peoples have the right to establish

and control their educational systems and in-

stitutions providing education in their own lan-

guages, in a manner appropriate to their cultur-

al methods of teaching and learning.

2. Indigenous individuals, particularly children,

have the right to all levels and forms of educa-

tion of the State without discrimination.

3. States shall, in conjunction with indigenous peo-

ples, take effective measures, in order for indige-

nous 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 dig-

nity and diversity of their cultures, traditions,

histories and aspirations which shall be appro-

priately reflected in education and public infor-

mation.

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 me-

dia 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 en-

courage 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 applica-

ble 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 ed-

ucation 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 proce-

dures, 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 be-

fore adopting and implementing legislative or ad-

ministrative 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 en-

joyment 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 dis-

crimination, to the improvement of their eco-

nomic and social conditions, including, inter

alia, in the areas of education, employment, vo-

cational training and retraining, housing, sani-

tation, health and social security.

2. States shall take effective measures and, where

appropriate, special measures to ensure con-

tinuing improvement of their economic and

social conditions. Particular attention shall be

paid to the rights and special needs of indige-

nous elders, women, youth, children and per-

sons with disabilities.

Article 22

1. Particular attention shall be paid to the rights

and special needs of indigenous elders, wom-

en, 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 exer-

cising 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 pro-

grammes 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 tra-

ditional 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 stan-

dard 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 occu-

pied and used lands, territories, waters and coastal

seas and other resources and to uphold their re-

sponsibilities to future generations in this regard.

Article 26

1. Indigenous peoples have the right to the lands,

territories and resources which they have tradi-

tionally 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 tra-

ditional ownership or other traditional occu-

pation 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 sys-

tems of the indigenous peoples concerned.

Article 27

States shall establish and implement, in conjunc-

tion 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, just, fair and equitable

compensation, for the lands, territories and re-

sources 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 in-

formed 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 con-

servation and protection of the environment

and the productive capacity of their lands or

territories and resources. States shall establish

and implement assistance programmes for in-

digenous peoples for such conservation and

protection, without discrimination.

2. States shall take effective measures to ensure

that no storage or disposal of hazardous ma-

terials 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 en-

sure, as needed, that programmes for moni-

toring, maintaining and restoring the health of

indigenous peoples, as developed and imple-

mented by the peoples affected by such mate-

rials, are duly implemented.

Article 30

1. Military activities shall not take place in the

lands or territories of indigenous peoples, un-

less justified by a relevant public interest or

otherwise freely agreed with or requested by

the indigenous peoples concerned.

2. States shall undertake effective consulta-

tions with the indigenous peoples concerned,

through appropriate procedures and in partic-

ular through their representative institutions,

prior to using their lands or territories for mili-

tary activities.

Article 31

1. Indigenous peoples have the right to maintain,

control, protect and develop their cultural

heritage, traditional knowledge and tradition-

al cultural expressions, as well as the manifes-

tations of their sciences, technologies and cul-

tures, including human and genetic resources,

seeds, medicines, knowledge of the properties

of fauna and flora, oral traditions, literatures,

designs, sports and traditional games and vi-

sual and performing arts. They also have the

right to maintain, control, protect and develop

their intellectual property over such cultural

heritage, traditional knowledge, and tradition-

al 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 develop-

ment, utilization or exploitation of mineral, wa-

ter 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, cul-

tural or spiritual impact.

Article 33

1. Indigenous peoples have the right to deter-

mine their own identity or membership in ac-

cordance 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 struc-

tures and their distinctive customs, spirituality,

traditions, procedures, practices and, in the cas-

es 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 mea-

sures to facilitate the exercise and ensure the

implementation of this right.

Article 37

1. Indigenous peoples have the right to the rec-

ognition, observance and enforcement of

treaties, agreements and other constructive

arrangements concluded with States or their

successors and to have States honour and re-

spect such treaties, agreements and other con-

structive arrangements.

2. Nothing in this Declaration may be interpreted

as diminishing or eliminating the rights of in-

digenous peoples contained in treaties, agree-

ments and other constructive arrangements.

Article 38

States in consultation and cooperation with indig-

enous peoples, shall take the appropriate mea-

sures, including legislative measures, to achieve

the ends of this Declaration.

Article 39

Indigenous peoples have the right to have ac-

cess 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 access to

and prompt decision through just and fair proce-

dures 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 Declara-

tion and follow up the effectiveness of this Dec-

laration.

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 indig-

enous peoples have now or may acquire in the

future.

Article 46

1. Nothing in this Declaration may be interpret-

ed 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 or construed as authorizing or

encouraging any action which would dismem-

ber or impair, totally or in part, the territorial in-

tegrity or political unity of sovereign and inde-

pendent States.

2. In the exercise of the rights enunciated in the

present Declaration, human rights and funda-

mental freedoms of all shall be respected. The

exercise of the rights set forth in this Declara-

tion shall be subject only to such limitations as

are determined by law and 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 princi-

ples of justice, democracy, respect for human

rights, equality, non-discrimination, good gov-

ernance and good faith.