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Distr. LIMITED A/HRC/1/L.3 23 June 2006 Original: ENGLISH |
HUMAN RIGHTS COUNCIL
First session
Agenda item 4
IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251
OF 15 MARCH 2006 ENTITLED “HUMAN
RIGHTS COUNCIL”
Armenia*, Benin*, Congo*, Costa Rica*, Cuba, Cyprus*, Denmark*,
Estonia*, Finland, France, Greece*, Guatemala, Haiti*, Lesotho*,
Mexico, Nicaragua*, Norway*,
Panama*, Peru, Portugal*,
Slovenia*,
Spain*,
Venezuela (Bolivarian Republic of)*: draft resolution
2006/… 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/… of … 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/….
Annex
UNITED NATIONS DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLES*
PP1
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,
PP2 Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,
PP3
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,
PP4
Reaffirming also that
indigenous peoples, in the exercise of their rights, should be free from
discrimination of any kind,
PP5 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,
* The text contained herein is the third column (Chairman"s proposal) od annex I to
document E/CN.2/2006/79.
PP6 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,
PP6 Further recognizing the
urgent need to respect and promote the rights of indigenous peoples affirmed in
treaties, agreements and other constructive arrangements with States,
PP7 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,
PP8
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,
PP9
Recognizing also that respect for
indigenous knowledge, cultures and traditional practices contributes to sustainable
and equitable development and proper management of the environment,
PP10 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,
PP11 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,
PP12 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,
PP13 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,
PP13 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,
PP14 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,
PP15 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,
PP15 bis 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,
PP16 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,
PP17 Emphasizing that
the United Nations has an important and continuing role to play in promoting
and protecting the rights of indigenous peoples,
PP18 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,
PP18 bis 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,
PP19 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 3 bis (former Article 31)
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 4
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 5
Every
indigenous individual has the right to a nationality.
Article 6
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 7
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 8 (deleted)
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 (deleted)
Article 12
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 13
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 14
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 15
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 16
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 17
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 18
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 19
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 20
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 21
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 22
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 bis
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 26 bis
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 27
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 28
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 28 bis
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 29
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 30
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 31 (deleted - new Article 3 bis)
Article 32
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 33
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 34
Indigenous peoples have the right to
determine the responsibilities of individuals to their communities.
Article 35
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 36
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 37
States in consultation
and cooperation with indigenous peoples, shall take the appropriate measures,
including legislative measures, to achieve the ends of this Declaration.
Article 38
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 39
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 40
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 41
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 42
The rights recognized
herein constitute the minimum standards for the survival, dignity and
well-being of the indigenous peoples of the world.
Article 43
All the rights and freedoms
recognized herein are equally guaranteed to male and female indigenous
individuals.
Article 44
Nothing in this Declaration may be
construed as diminishing or extinguishing the rights indigenous peoples have
now or may acquire in the future.
Article 45
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.
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