United Nations Declaration on the Rights of Indigenous Peoples
RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
U.N. DOC. A/RES/61/295 (2 October 2007)
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The General Assembly,
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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,
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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,
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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,
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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, as well as the Vienna Declaration and Programme of Action, 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,
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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,
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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
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.
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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.
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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.
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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.
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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.
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Article 14
2
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.
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Article 17
1. Indigenous individuals and peoples have the right to enjoy fully all rights
established under applicable international and domestic labour law.
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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.
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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.
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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.
Article 30
3
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.
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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.
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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.
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Article 43
The rights recognized herein constitute the minimum standards for the survival,
dignity and well-being of the indigenous peoples of the world [italics added].
Article 44
All the rights and freedoms recognized herein are equally guaranteed to male and
female indigenous individuals.
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