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Friday 12 November 2010 5 12 /11 /Nov /2010 03:45
- Community: politics, philosophy, history - Published in: Indigenous Peoples

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United Nations Declaration on the rights of the Indigenous peoples


Resolution adopted by the General Assembly, 13 September 2007

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations and the good faith in the

Compliance with the obligations assumed by States in accordance with the Charter,

Affirming that indigenous peoples are equal to all other peoples and recognizing the same

Time the right of all peoples to be different, to be considered themselves to be different and

Respected as such.

Also stating that all people contribute to the diversity and richness of the civilizations and

Cultures, which are the common heritage of mankind,

Affirming that all doctrines, policies and practices based on the superiority of

Certain peoples or individuals or the advocate on grounds of national origin or

Racial differences, religious, ethnic or cultural are racist, scientifically false, legally

Invalid, morally reprehensible and socially unjust,

Reaffirming that, in the exercise of their rights, indigenous peoples must be free from any

Form of discrimination,

Concerned by the fact that indigenous peoples have suffered historical injustices as

Result, among other things, of the colonization and dispossession of their lands, territories and resources, what

They have been prevented from exercising, in particular, their right to development in accordance with their own

Needs and interests.

Aware of the urgent need to respect and promote the inherent rights of peoples

Indigenous, derived from its political, economic and social structures, and of their cultures, their

Spiritual traditions, its history, its philosophy, especially the rights to their lands,

Territories and resources,

Aware also of the urgent need to respect and promote the rights of peoples

Indigenous affirmed in treaties, agreements and other constructive arrangements with States.

Celebrating that indigenous peoples are being organized to promote its political development,

Economic, social and cultural and to put an end to all forms of discrimination and oppression

Wherever they occur,

Convinced that the control by the indigenous peoples of the events that affect them and

To their lands, territories and resources will allow them to maintain and strengthen its institutions, and cultures

Traditions and promote its development according to their aspirations and needs,

Considering that the respect for the knowledge, cultures and the traditional indigenous practices

Contributes to the sustainable and equitable development and the proper management of the environment,

Highlighting the contributions of the demilitarization of the lands and territories of indigenous peoples to

Peace, economic and social progress and development, understanding and friendly relations

Among the nations and peoples of the world,

Recognizing, in particular the right of indigenous families and communities to continue to share

The responsibility for the upbringing, training, education and welfare of their children, in observance

Of 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, issues of concern, interest and

International responsibility, and have an international character,

Considering also that the treaties, agreements and other constructive arrangements and the relations that

These represent, serve as a basis for the strengthening of the partnership between indigenous peoples and

States,

Recognizing 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(2), as well as the

Vienna Declaration and Program of Action(3) affirm the fundamental importance of the right of

All peoples to self-determination, by virtue of which they freely determine their condition

Policy and freely pursue their economic, social and cultural development,

Bearing in mind that nothing contained in this Declaration may be used to deny

No people their right to self-determination, exercised in accordance with the law

International,

Convinced that the recognition of the rights of indigenous peoples in the present

Declaration will foster harmonious relations and cooperation between States and peoples

Indigenous, based on the principles of justice, democracy, respect for human rights, the

Non-discrimination and the good faith,

To encourage States to comply with and effectively implement all its obligations to the

Indigenous peoples under international instruments, in particular those relating to the

Human rights, in consultation and cooperation with the peoples concerned,

By emphasizing that it is the United Nations to play an important role and continuous

Promotion and protection of the rights of indigenous peoples,

Considering that this Declaration is an important further step toward 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 area,

Recognizing and reaffirming that the indigenous people are entitled without discrimination to all

Human rights recognized in international law, and that indigenous peoples have

Collective rights that are indispensable for its existence, welfare and integral development as

Peoples,

Recognizing that the situation of indigenous peoples varies according to the regions and countries and that is

You must take into account the significance of national and regional particularities and the various

Historical and cultural traditions,

Solemnly proclaims the United Nations Declaration on the rights of peoples

Indigenous people, which is reproduced below, as the ideal that should be pursued in a spirit of

Solidarity and mutual respect:

Article 1

Indigenous peoples have a right, such as towns or as individuals, to the full enjoyment of all rights

Human and fundamental freedoms recognized by the Charter of the United Nations, the

Universal Declaration of Human Rights(4) and the international human rights law.

Article 2

Indigenous peoples and individuals are free and equal to all other peoples and people and have

Right not to be subjected to any kind of discrimination in the exercise of their rights, in particular the

Founded in their indigenous origin or identity.

Article 3

Indigenous peoples have the right to self-determination. By virtue of that right determine

Freely determine their political status and freely pursue their economic, social and cultural development.

Article 4

Indigenous peoples, in exercise of its right to self-determination, they have a right to self

Or to self-government in matters relating to their internal and local affairs, as well as to provide

Of the means for financing their autonomous functions.

Article 5

Indigenous peoples have the right to maintain and strengthen their own political institutions,

Legal, economic, social and cultural, at the same time maintaining their right to participate fully, if

They so desire, in the political, economic, social and cultural life of the State.

Article 6

Every indigenous person has the right to a nationality.

Article 7

1. Indigenous individuals have the right to life, physical and mental integrity, liberty and the

Security of person.

2. Indigenous peoples have the collective right to live in freedom, peace and security as peoples

Different and shall not be subjected to any act of genocide or any other act of violence, including the

Forced relocation of children of the group to another group.

Article 8

1. Indigenous peoples and individuals have the right not to suffer the forced assimilation or

Destruction of their culture.

2. States should establish effective mechanisms for the prevention and redress of:

A) Any act that has the purpose or result to deprive peoples and the indigenous people of their

Integrity as distinct peoples or their cultural values or their ethnic identity.

B) Any act that has the purpose or effect of dispossessing them of their lands, territories and resources;

C) Any form of forced relocation of population that has the purpose or effect of violating or the

Impairment of any of their rights;

D) Any form of forced assimilation or integration;

E) Any form of propaganda so as 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. You cannot

Be no discrimination of any kind of exercise of that right.

Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. There shall be

No relocation without the free, prior and informed consent of the indigenous peoples concerned, nor

Without a prior agreement on a fair and equitable compensation and, whenever possible, the option

Of the 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 manifestations past, present and

Future of their cultures, as archaeological and historical sites, utensils, designs, ceremonies,

Technologies, visual arts and literatures and interpretative.

2. States should provide reparation through effective mechanisms, which may include the

Restitution, established jointly with indigenous peoples, with regard to cultural property,

Intellectual, religious and spiritual have been deprived without their free consent, prior and

Informed or in violation of their laws, traditions and customs.

Article 12

1. Indigenous peoples have the right to manifest, practice, develop and teach their traditions,

Customs and ceremonies and religious spiritual; to maintain and protect their religious sites and

Cultural and access to them privately; to use and control their objects of worship, and to obtain the

Their repatriation of human remains.

2. States parties shall endeavor to facilitate access to and/or the repatriation of objects of worship and of human remains

Through mechanisms that have fair, transparent and effective established jointly with the

Indigenous peoples concerned.

Article 13

1. Indigenous peoples have the right to revitalize, use, promote and pass to the generations

Future their histories, languages, oral traditions, philosophies, systems of writing and literature, and to

Assign names to their communities, places and people and keep them.

2. States shall take effective measures to ensure the protection of that right and also for

Ensure that indigenous peoples can understand and be understood in political actions,

Legal and administrative, providing for this, when necessary, interpretation services

Or by other appropriate means.

Article 14

1. Indigenous peoples have the right to establish and control their educational systems and institutions

To impart education in their own languages, in line with their cultural methods of

Teaching and learning.

2. Indigenous individuals, particularly the indigenous children, have the right to all levels and forms

Education of the State without discrimination.

3. States shall take effective measures, in conjunction with the indigenous peoples, to the people

Indigenous peoples, in particular children, including those who live outside of their communities, to access

When possible, to education in their own culture and in their own language.

Article 15

1. Indigenous peoples have the right to have the dignity and diversity of their cultures, traditions,

Histories and aspirations appropriately reflected in the public education and the media

Public information.

2. States shall take effective measures, in consultation and cooperation with indigenous peoples

Concerned, to combat prejudice and to eliminate discrimination and promote tolerance,

Understanding and good relations between indigenous peoples and all the other sectors of the

Society.

Article 16

1. Indigenous peoples have the right to establish their own media in their own

Languages and have access to all forms of non-indigenous media without any discrimination.

2. States shall take effective measures to ensure that the public media

Duly reflect indigenous cultural diversity. States, without prejudice to the obligation of

Ensure full freedom of expression, should encourage the private media to

Duly reflect indigenous cultural diversity.

Article 17

1. Indigenous individuals and peoples have the right to enjoy fully all rights

Established in the international labor law and national law.

2. States, in consultation and cooperation with indigenous peoples, take specific measures to

Protect indigenous children from economic exploitation and against any work that is likely to be

Dangerous or interfere in the education of the child, or that may be damaging to the health or development

Physical, mental, spiritual, moral or social of the child, taking into account their special vulnerability and the

Importance of education for the full exercise of their rights.

3. The indigenous people have the right not to be subjected to discriminatory conditions of labor,

Among other things, employment or salary.

Article 18

Indigenous peoples have the right to participate in the decision-making on issues that

Affecting their rights, through representatives chosen by them in accordance with their

Own procedures, as well as to maintain and develop their own institutions of adoption of

Decisions.

Article 19

States shall consult and cooperate in good faith with the indigenous peoples concerned by

Half of their representative institutions before adopting and implementing legislative measures or

Administrative affecting them, in order to obtain their free, prior and informed consent.

Article 20

1. Indigenous peoples have the right to maintain and develop their systems or political institutions,

Economic and social, to be secure in the enjoyment of their own means of subsistence and

Development and to engage freely in all its traditional and other economic activities.

2. Indigenous peoples deprived of their means of subsistence and development are entitled to a

Repair fair and equitable.

Article 21

1. Indigenous peoples have the right, without any discrimination, to the improvement of their conditions

Economic and social areas, inter alia, in education, employment, training and the

Retraining, housing, sanitation, health and social security.

2. States shall take effective measures and, where appropriate, special measures to ensure the

Continuous improvement of their social and economic conditions. Particular attention will be given to the

Rights and special needs of the elderly, women, youth, children and people with

Indigenous disability.

Article 22

1. Particular attention will be given to the rights and special needs of the elderly, women,

Youth, children and people with disability in the indigenous in the implementation of the present

Declaration.

2. States shall take measures, in conjunction with the indigenous peoples, to ensure that women and the

Indigenous children enjoy 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 the

Exercising their right to development. In particular, indigenous peoples have the right to participate

Actively involved in the design and determination of their health and housing programs and other programs

Economic and Social to them and, as far as possible, to administer those programs through their

Institutions themselves.

Article 24

1. Indigenous peoples have the right to their own traditional medicines and to maintain their

Health practices, including the conservation of its medicinal plants, animals and minerals of interest

Vital. Indigenous people also have the right to access, without any discrimination, to all the

Health and social services.

2. The indigenous people are entitled to equally enjoy the highest possible level of physical health

And mental. The States shall take the measures that are necessary for achieving progressively the full

Realization of this right.

Article 25

Indigenous peoples have the right to maintain and strengthen their own spiritual relationship with the

Lands, territories, waters, coastal seas and other resources that they have traditionally owned or occupied and

Used in any other way, and to assume the responsibilities in this regard they are responsible for with the

Generations to come.

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 possess, use, develop and control the lands, territories and

Resources that possess in reason of traditional property or another traditional form of occupation or

Use, as well as those who have acquired in some other way.

3. The States shall ensure the recognition and legal protection of these lands, territories and

Resources. This recognition due respect the customs, traditions and systems of

Land tenure of indigenous peoples concerned.

Article 27

The States shall establish and implement, in conjunction with the indigenous peoples concerned, a process

Fair, independent, impartial, open and transparent, which are duly recognized the

Laws, traditions, customs and systems of land tenure of indigenous peoples, for

Recognize and award the rights of indigenous peoples in relation to their lands, territories and

Resources, including those who have traditionally owned, occupied or otherwise used.

Indigenous peoples have the right to participate in this process.

Article 28

1. Indigenous peoples have the right to repair, by means which may include restitution or,

When this is not possible, a fair compensation, impartial and equitable by the lands,

Territories and resources which have traditionally owned, occupied or used in any other way, and that

Have been confiscated, taken, occupied, used or damaged without their consent free, prior and

Informed.

2. Unless agreed upon by the peoples concerned freely in another thing, the compensation

Will consist of lands, territories and resources of equal quality, size and legal status or in a

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 should establish and run

Assistance programs for indigenous peoples to ensure the conservation and protection, without

Discrimination of any kind.

2. States shall take effective measures to ensure that no storage or disposal materials

Dangerous in the lands or territories of indigenous peoples without their free consent, prior and

Informed.

3. Also the States shall take effective measures to ensure, as needed, which is

Properly implemented programs for monitoring, maintaining and restoring the health of the

Indigenous peoples affected by such materials, programs that will be developed and implemented by the

Peoples.

Article 30

1. They were not developed military activities in the lands or territories of indigenous peoples, at least

That enough to justify a reason of public interest relevant or that has been freely agreed with the

Indigenous peoples concerned, or that they have requested.

2. States shall enter into consultations effective with the indigenous peoples concerned, by the

Appropriate procedures and in particular through their representative institutions, before

Use their lands or territories for military activities.

Article 31

1. Indigenous peoples have the right to maintain, monitor, protect and develop their heritage

Cultural, traditional knowledge, their traditional cultural expressions and the demonstrations

Their sciences, technologies, and cultures, including the human and genetic resources, seeds,

Medicines, knowledge of the properties of the fauna and flora, oral traditions,

Literatures, designs, traditional sports and games, and the visual arts and interpretative.

They also have the right to maintain, monitor, protect and develop their intellectual property of the

Cultural heritage, their traditional knowledge and their traditional cultural expressions.

2. Together 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 by

Through their own representative institutions in order to obtain their consent free and

Informed before approving any project that affects their lands or territories and other resources,

Particularly in relation to the development, use or exploitation of mineral resources,

Water or of another type.

3. States are required to provide effective mechanisms for repair fair and equitable by those

Activities, and appropriate measures will be taken to mitigate the harmful consequences of order

Environmental, economic, social, cultural or spiritual.

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 the

Citizenship of the States in which they live.

2. Indigenous peoples have the right to determine the structures and to choose the composition 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 own customs, spirituality, traditions, procedures, practices and, when they exist,

Customs or legal systems, in accordance with international standards of human rights.

Article 35

Indigenous peoples have the right to determine the responsibilities of individuals to their

Communities.

Article 36

1. Indigenous peoples, in particular those that are divided by international borders, have

Right to maintain and develop the contacts, relationships and cooperation, including activities

For spiritual, cultural, political, economic and social, with its own members as well as with

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 treaties, agreements and other constructive arrangements

With the concerted States or their successors have been recognized, observed and applied and that the

States abide by and respect such treaties, agreements and other constructive arrangements.

2. Nothing in this Declaration may be interpreted in the sense that impairs or

Suppresses the rights of indigenous peoples contained in treaties, agreements and other arrangements

Constructive.

Article 38

States, in consultation and cooperation with indigenous peoples, shall take appropriate measures,

Including legislative measures, to achieve the purposes of this statement.

Article 39

Indigenous peoples have the right to financial and technical assistance from States and through

International cooperation for the enjoyment of the rights set forth in this Declaration.

Article 40

Indigenous peoples have the right to fair and equitable procedures for the settlement of

Disputes with States or other parties, and to a prompt decision on such disputes, as well as

To an effective remedy for any injury to their individual and collective rights. In those decisions

Due consideration will be given to the customs, traditions, rules and systems

Legal of the indigenous peoples concerned and the international human rights standards.

Article 41

The bodies and specialized agencies of the United Nations system and other organizations

Intergovernmental will contribute to the full realization of the provisions of this Declaration

By mobilizing, among other things, of financial cooperation and technical assistance. It

Establish means of ensuring participation of indigenous peoples in relation to the

Matters that concern them.

Article 42

The United Nations, its organs, including the Permanent Forum on Indigenous Issues, and the

Specialized agencies, in particular at the local level, as well as States, shall promote respect for and

Full implementation of the provisions of this Declaration and shall ensure 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 in the present Declaration are equally guaranteed to

Male and female indigenous individuals.

Article 45

Nothing contained in this Declaration shall be interpreted in the sense that impairs or

Suppresses the rights that indigenous peoples have now or may acquire in the future.

Article 46

1. Nothing in this Declaration may be interpreted as implying a

State, town, group or person any right to participate in an activity or perform an act

Contrary to the Charter of the United Nations, nor shall be construed as authorizing or promotes

Any action which would dismember or impair, totally or partially, the territorial integrity or

Political unity of sovereign and independent States.

2. In the exercise of the rights set forth in this Declaration, rights will be respected

Human and fundamental freedoms for all. The exercise of the rights set forth in the

This Declaration shall be exclusively subject to the constraints determined by the law and with

According to the international human rights obligations. These limitations will not

Discriminatory and will be only the strictly necessary to ensure the recognition and respect

Due to the rights and freedoms of others and to meet the most pressing and fair

Needs of a democratic society.

3. The provisions set forth in this Declaration shall be construed in accordance with the principles

Justice, democracy, respect for human rights, equality, non-discrimination,

Good public administration and good faith.

See resolution 2200 A (XXI), annex.

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

Resolution 217 A (III).

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