Human Rights Counci
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.
SEQ CHAPTER
\h \r 1Nothing 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.
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