Constitutional Emergency

UNITED NATIONS DECLARATION on the RIGHTS of INDIGENOUS PEOPLES

United Nations Declaration on the Rights of
Indigenous Peoples

 

Adopted by General Assembly Resolution 61/295 on 13 September 2007     

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 humankind,

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
differences are racist, scientifically false, legally invalid, morally
condemnable and socially unjust,

Reaffirming 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,

Recognizing also 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 to an end 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 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,

Considering that the rights affirmed in treaties, agreements
and other constructive arrangements 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 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 (2) and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,(3)
affirm the fundamental importance of the right to 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 to 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,

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 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(4) 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 to 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 right 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;
(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 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, 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, 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 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 that 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, 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 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 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 diminishing or
eliminating the rights of indigenous peoples contained in treaties,
agreements and other 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 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 or
construed as authorizing or encouraging any action which would dismember
or impair, totally or in part, the territorial integrity or political
unity of sovereign and independent States.
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 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 principles of justice, democracy, respect for
human rights, equality, non-discrimination, good governance and good
faith.

 (2) See resolution 2200 A (XXI), annex.

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

 (4) Resolution 217 A (III).

Views: 34

Comment by Tish on December 22, 2010 at 9:33am
...and the states shall pay for it.....
Comment by Martha Donahue AZ on December 23, 2010 at 5:05pm
UN...get OUT of my life!!!!
Comment by James A. Greenough on December 23, 2010 at 5:13pm
The United Nations is nothing more than a Marxist, treasnous, seditious organization, funded in large part by American tax payers, DOLLARS!!!!  The UN needs to be ejected from American soil, and all United States funding stopped immediately!!!  The UN sides with thugs, slavers, and all other evil corrupt govenments, against the best intrests of America!!  How much more of this insanity must we endure!!!?????  The new Congress should start the process as soon as they convine!  Doc Greenough 
Comment by Steven G. Elliott on December 23, 2010 at 5:19pm
Send the UN to Kenya.  Get them out of this country and quit funding them.
Comment by Paul Powell on December 23, 2010 at 5:59pm
We the people have paid for wrong doing for way to long now it's high time we throw them out on their collective arses, or at the very put them back on their leashes and tie them to the tree.  How much more oppression are we going to have to endure before something breaks. and Twana I am trying to keep this civil. but I believe in the end the UN will cause a civil war in this country and it's the UN that will get booted out first.
Comment by Deb and Joe on December 23, 2010 at 8:08pm
One good thing this week, they were in session in the UN building in NY and the sewer backed up, thinking it was a gas leak everyone evacuated the building!  hahaha... small joy this Christmas week stopping those who don't believe..
Comment by Ken Keith on December 23, 2010 at 8:53pm

I do have some mixed emotions on this issue, having Native American blood, myself.

While I dont like the idea of the UN or any other nation interfering in our business, Especially, a corrupt group like the UN.

The US Government has signed over 365 treaties with the various Native American Nations, and has violated every one of them while we have yet to ever violate a single treaty.

The big question is why our culture, practices, and beliefs have been supressed by the Government. only allowed out occasionally for the Wasicu (White People), to see a dog and pony show and go on in some demeaning manner, or to denegrate us in some way.

We, of the 500 Nations only ask that we be able to live our lives in freedom, without hinderence, just as any other citizen of the US does.

As for the UN declaration, it has a lot of pretty words; just like those 365 treaties previously mentioned. In the end result it is and will be nothing more than words, and just another excuse to impinge on other people and enterfer with their ways of life.

Comment by Martha Donahue AZ on December 23, 2010 at 10:33pm
Amen Ken.....on all of your points.
Comment by Raymond J Goodwin II on December 23, 2010 at 10:57pm
I think this is a great thing and that the United States of America should step up and sign on to the document as the LAST SIGNER, ie: AFTER EVERY OTHER NATION ON THIS PLANET HAS SIGNED IT AND WE ARE APPOINTED THE ENFORCER. Only then will it have meaning. The knot heads in charge of the UN are only there because we kiss the butts of every Nation on earth that hates us, and ignore the ones that are willing to be allies. When is Washington or the jerks inside the beltway going to wake up, order the closing of the UN turn their buildings into TEMPORARY HOLDING AREAS FOR ILLEGAL ALIENS UNTIL THEY ARE DEPORTED, IF THEIR COUNTRIES DON'T WANT THEM ISSUE THEM SOM EXCESS PARACHUTES, the 82nd and 101st probably has some old ones and get a couple jump-masters to handle the jump with a few MPs to move the lines along the way to the exit, the real reluctant ones? take the chutes away from them!
Comment by Paul Powell on December 24, 2010 at 4:35am

Too bad about the sewers. RAY a lot of good points there 

AND AS I HAVE SAID BEFORE POLITICAL CORRECTNESS BE DAMNED

MERRY CHRISTMAS EVERYONE

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