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Sovereign Law Series

New York “Declaration on the
Rights of Indigenous Peoples” of
2007


Short-Form Reference:

2007 “Declaration on Rights of Indigenous Peoples”

In-Line Micro Reference:

2007 “Rights of Indigenous Peoples”

Ratification / Registration:

UN-GA Res. 61/295 New York (13 Sep 2007)


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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

Declaration on the Rights of Indigenous Peoples

Preamble

The General Assembly,

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

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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, 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;

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;
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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 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.



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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.



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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.

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.



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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, artifacts, 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.



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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.



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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.

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.



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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.


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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.



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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.



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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.



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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.

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.
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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.



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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.