Human Rights Council
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:
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. Nothing 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.