Indigenous Peoples Rights

United Nations Declaration on the Rights of Indigenous Peoples

 

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Resolution adopted by the General Assembly
[without reference to a Main Committee (A/61/L.67 and Add.1)]
61/295. United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Taking note of the recommendation of the Human Rights Council contained in its resolution 1/2 of 29 June 2006,1 by which the Council adopted the text of the United Nations Declaration on the Rights of Indigenous Peoples, Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and action on the Declaration to allow time for further consultations thereon, and also decided to conclude its consideration before the end of the sixty-first session of the General Assembly, Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution. 107th plenary meeting 13 September 2007
Annex United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,
1.See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A.
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Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social
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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 Rights2 and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,3 affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned, Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,
2.See resolution 2200 A (XXI), annex. 3.A/CONF.157/24 (Part I), chap. III.
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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 Rights4 and international human rights law.
Article 2 Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.
Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to
4.Resolution 217 A (III).
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their internal and local affairs, as well as ways and means for financing their autonomous functions.
Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
Article 6 Every indigenous individual has the right to a nationality.
Article 7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
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Article 9 Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.
Article 10 Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
Article 11 1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. 2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
Article 12 1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
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Article 13 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.
Article 14 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.
Article 15 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. 2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.
Article 16 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
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2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.
Article 17 1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law. 2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. 3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.
Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision- making institutions.
Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
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2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
Article 21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
Article 22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.
Article 23 Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
Article 24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services. 2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.
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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
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equal in quality, size and legal status or of monetary compensation or other appropriate redress.
Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.
Article 30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.
Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
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2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
Article 33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.
Article 34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.
Article 35 Indigenous peoples have the right to determine the responsibilities of individuals to their communities.
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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.
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
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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.

AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

(Adopted at the third plenary session, held on June 15, 2016)
THE GENERAL ASSEMBLY,
RECALLING the contents of resolution AG/RES. 2867 (XLIV-O/14), “Draft American
Declaration on the Rights of Indigenous Peoples,” as well as all the previous resolutions on this issue;
RECALLING also the “Declaration on the Rights of the Indigenous Peoples in the
Americas,” document AG/DEC. 79 (XLIV-O/14), which reaffirms that progress in promoting and
effectively protecting the rights of the indigenous peoples of the Americas is a priority for the
Organization of American States;
RECOGNIZING the valuable support provided by the member states, observer states, the
organs, agencies, and entities of the Organization of American States for the process within the
Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples;
RECOGNIZING as well the important participation of indigenous peoples of the Americas in
the process of preparing this Declaration; and
TAKING INTO ACCOUNT the significant contribution that the indigenous peoples of the
Americas have made to humanity,
RESOLVES:
To adopt the following Draft American Declaration on the Rights of Indigenous Peoples.1/, 2/

1. The United States remains committed to addressing the urgent issues of concern to indigenous
peoples across the Americas, including combating societal discrimination against indigenous peoples
and…
2. Canada reiterates its commitment to a renewed relationship with its Indigenous peoples, based on
recognition of rights, respect, co-operatio

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AMERICAN DECLARATION
ON THE RIGHTS OF INDIGENOUS PEOPLES
PREAMBLE
The member states of the Organization of American States (hereinafter the states),
RECOGNIZING:
That the rights of indigenous peoples are both essential and of historic significance to the
present and future of the Americas;
The important presence in the Americas of indigenous peoples and their immense
contribution to development, plurality, and cultural diversity and reiterating our commitment to their
economic and social well-being, as well as the obligation to respect their rights and cultural identity;
and
That the existence of indigenous cultures and peoples of the Americas is important to
humanity; and
REAFFIRMING that indigenous peoples are original, diverse societies with their own
identities that form an integral part of the Americas;
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 FURTHER that respect for indigenous knowledge, cultures and traditional
practices contributes to sustainable and equitable development and proper management of the
environment;
BEARING IN MIND the progress achieved at the international level in recognizing the rights
of indigenous peoples, especially the 169 ILO Convention and the United Nations Declaration on the
Rights of Indigenous Peoples;
BEARING IN MIND ALSO the progress made in nations of the Americas, at the
constitutional, legislative, and jurisprudential levels to safeguard, promote, and protect the rights of
indigenous peoples, as well as the political will of states to continue their progress toward recognition
of the rights of indigenous peoples in the Americas;
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RECALLING the commitments undertaken by the Member States to guarantee, promote, and
protect the rights and institutions of indigenous peoples, including those undertaken at the Third and
Fourth Summits of the Americas;
RECALLING AS WELL the universality, inseparability, and interdependence of human
rights recognized under international law;
CONVINCED that recognition of the rights of indigenous peoples in this Declaration will
foster among states and indigenous peoples harmonious and cooperative relations based on the
principles of justice, democracy, respect for human rights, nondiscrimination, and good faith;
CONSIDERING the importance of eliminating all forms of discrimination that may affect
indigenous peoples, and taking into account the responsibility of states to combat them;
ENCOURAGING States to respect a
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encouraging any action which would dismember or impair, totally or in part, the territorial integrity or
political unity of sovereign and independent States.
SECTION TWO: Human Rights and Collective Rights
Article V. Full effect and observance of human rights
Indigenous peoples and persons have the right to the full enjoyment of all human rights and
fundamental freedoms, as recognized in the Charter of the United Nations, the Charter of the
Organization of American States and international human rights law.
Article VI. Collective rights
Indigenous peoples have collective rights that are indispensable for their existence, wellbeing,
and integral development as peoples. In this regard, the states recognize and respect, the right
of the indigenous peoples to their collective action; to their juridical, social, political, and economic
systems or institutions; to their own cultures; to profess and practice their spiritual beliefs; to use their
own tongues and languages; and to their lands, territories and resources. States shall promote with the
full and effective participation of the indigenous peoples the harmonious coexistence of rights and
systems of the different population, groups, and cultures.
Article VII. Gender equality
1. Indigenous women have the right to the recognition, protection, and enjoyment of all
human rights and fundamental freedoms provided for in international law, free of all forms of
discrimination.
2. States recognize that violence against indigenous peoples and persons, particularly
women, hinders or nullifies the enjoyment of all human rights and fundamental freedoms.
3. States shall adopt the necessary measures, in conjunction with indigenous peoples, to
prevent and eradicate all forms of violence and discrimination, particularly against indigenous women
and children.
Article VIII. Right to belong to the indigenous peoples
Indigenous persons and communities have the right to belong to one or more indigenous
peoples, in accordance with the identity, traditions, customs, and systems of belonging of each
people. No discrimination of any kind may arise from the exercise of such a right.
Article IX. Juridical personality
The states shall recognize fully the juridical personality of the indigenous peoples, respecting
indigenous forms of organization and promoting the full exercise of the rights recognized in this
Declaration.
Article X. Rejection of assimilation
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1. Indigenous peoples have the right to maintain, express, and freely develop their
cultural identity in all respects, free from any external attempt at assimilation.
2. The States shall not carry out, adopt, support, or favor any policy to assimilate the
indigenous peoples or to destroy their cultures.
Article XI. Protection against genocide
Indigenous peoples have the right to not be subjected to any form of genocide or attempts to
exterminate them.
Article XII. Guarantees against racism, racial discrimination, xenophobia, and other related forms
of intolerance
Indigenous peoples have the right not to be subject to racism, racial discrimination,
xenophobia, and other related forms of intolerance. The states shall adopt the preventive and
corrective measures necessary for the full and effective protection of this right.
SECTION THREE: Cultural identity
Article XIII. Right to cultural identity and integrity
1. Indigenous peoples have the right to their own cultural identity and integrity and to
their cultural heritage, both tangible and intangible, including historic and ancestral heritage; and to
the protection, preservation, maintenance, and development of that cultural heritage for their
collective continuity and that of their members and so as to transmit that heritage to future
generations.
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.
3. Indigenous people have the right to the recognition and respect for all their ways of
life, world views, spirituality, uses and customs, norms and traditions, forms of social, economic and
political organization, forms of transmission of knowledge, institutions, practices, beliefs, values,
dress and languages, recognizing their inter-relationship as elaborated in this Declaration.
Article XIV. Systems of Knowledge, Language and Communication
1. Indigenous peoples have the right to preserve, use, develop, revitalize, and transmit
to future generations their own histories, languages, oral traditions, philosophies, systems of
knowledge, writing, and literature; and to designate and maintain their own names for their
communities, individuals, and places.
2. The states shall adopt adequate and effective measures to protect the exercise of this
right with the full and effective participation of indigenous peoples.
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3. Indigenous peoples have the right to promote and develop all their systems and media
of communication, including their own radio and television programs, and to have equal access to all
other means of communication and information. The states shall take measures to promote the
broadcast of radio and television programs in indigenous languages, particularly in areas with an
indigenous presence. The states shall support and facilitate the creation of indigenous radio and
television stations, as well as other means of information and communication.
4. The states, in conjunction with indigenous peoples, shall make efforts to ensure that
those peoples can understand and be understood in their languages in administrative, political, and
judicial proceedings, where necessary through the provision of interpretation or by other effective
means.
Article XV. Education
1. Indigenous peoples and individuals, particularly indigenous children, have the right
to all levels and forms of education, without discrimination.
2. States and indigenous peoples, in keeping with the principle of equality of
opportunity, shall promote the reduction of disparities in education between indigenous and nonindigenous
peoples.
3. 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.
4. In conjunction with indigenous peoples, the states shall take effective measures to
ensure that indigenous persons living outside their communities, particularly children, may have
access to education in their own languages and cultures.
5. States shall promote harmonious intercultural relations, ensuring that the curricula of
state educational systems reflect the pluricultural and multilingual nature of their societies and
encourage respect for and knowledge of the different indigenous cultures. States shall, in conjunction
with indigenous peoples, promote intercultural education that reflects the worldview, histories,
languages, knowledge, values, cultures, practices, and ways of life of those peoples.
6. States, in conjunction with indigenous peoples, shall adopt necessary and effective
measures to ensure the exercise and observance of these rights.
Article XVI. Indigenous spirituality
1. Indigenous peoples have the right to freely exercise their own spirituality and beliefs
and, by virtue of that right, to practice, develop, transmit, and teach their traditions, customs, and
ceremonies, and to carry them out in public and in private, individually and collectively.
2. No indigenous people or person shall be subject to pressures or impositions, or any
other type of coercive measures that impair or limit their right to freely exercise their indigenous
spirituality and beliefs.
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3. Indigenous Peoples have the right to preserve, protect, and access their sacred sites,
including their burial grounds; to use and control their sacred objects relics, and to recover their
human remains.
4. States, in conjunction with indigenous peoples, shall adopt effective measures, to
promote respect for indigenous spirituality and beliefs, and to protect the integrity of the symbols,
practices, ceremonies, expressions, and spiritual protocols of indigenous peoples, in accordance with
international law.
Article XVII. Indigenous family
1. The family is a natural and fundamental group unit of society. Indigenous peoples
have the right to preserve, maintain, and promote their own family systems. States shall recognize,
respect, and protect the various indigenous forms of family, in particular the extended family, as well
as the forms of matrimonial union, filiations, descent, and family name. In all cases, gender and
generational equity shall be recognized and respected.
2. In matters relating to custody, adoption, severance of family ties, and related matters,
the best interests of the child shall be a primary consideration. In determining the best interests of the
child, courts and other relevant institutions shall take into account the right of every indigenous child,
in community with member of his or her people, to enjoy his or her own culture, to profess and
practice his or her own religion or to use his or her own language and in that regard shall look to the
indigenous law of the peoples concerned and shall consider their points of view, rights and interest,
including the positions of individuals, the family, and the community.
Article XVIII. Health
1. Indigenous peoples have the collective and individual right to the enjoyment of the
highest attainable standard of physical, mental, and spiritual health.
2. Indigenous peoples have the right to their own health systems and practices, as well
as to the use and protection of the plants, animals, minerals of vital interests, and other natural
resources for medicinal use in their ancestral lands and territories.
3. States shall take measures to prevent and prohibit indigenous peoples and individuals
from being subject to research programs, biological or medical experimentation, as well as
sterilization without their prior, free, and informed consent. Likewise, indigenous peoples and persons
have the right, as appropriate, to access to their data, medical records, and documentation of research
conducted by individuals and public and private institutions.
4. Indigenous peoples have the right to use, without any discrimination whatsoever, all
the health and medical care institutions and services accessible to the general population. States, in
consultation and coordination with indigenous peoples, shall promote intercultural systems or
practices in the medical and health services provided in indigenous communities, including training
of indigenous technical and professional health care personnel.
5. States shall guarantee the effective exercise of the rights contained in this article.
– 9 –
Article XIX. Right to protection of a healthy environment
1. Indigenous peoples have the right to live in harmony with nature and to a healthy,
safe, and sustainable environment, essential conditions for the full enjoyment of the right to life, to
their spirituality, worldview and to collective well-being.
2. Indigenous peoples have the right to conserve, restore, and protect the environment
and to manage their lands, territories and resources in a sustainable way.
3. Indigenous peoples are entitled to be protected against the introduction of,
abandonment, dispersion, transit, indiscriminate use or deposit of any harmful substance that could
negatively affect indigenous communities, lands, territories and resources.
4. 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.
SECTION FOUR: Organizational and Political Rights
Article XX. Rights of association, assembly, and freedom of expression and thought
1. Indigenous peoples have the rights of association, assembly, organization and
expression, and to exercise them without interference and in accordance with their worldview, inter
alia, values, usages, customs, ancestral traditions, beliefs, spirituality, and other cultural practices.
2. Indigenous peoples have the right to assemble on their sacred and ceremonial sites
and areas. For this purpose they shall have free access and use to these sites and areas.
3. Indigenous peoples, in particular those who are divided by international borders,
shall have the right to travel and to maintain and develop contacts, relations, and direct cooperation,
including activities for spiritual, cultural, political, economic, and social purposes, with their
members and other peoples.
4. These states shall adopt, in consultation and cooperation with the indigenous peoples,
effective measures to ensure the exercise and application of these rights.
Article XXI. Right to autonomy or self-government
1. 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.
2. Indigenous peoples have the right to maintain and develop their own decision-making
institutions. They also have the right to participate in the decision making in matters which would
affect their rights. They may do so directly or through their representatives, and accordance with their
– 10 –
own norms, procedures, and traditions. They also have the right to equal opportunities to access and
to participate fully and effectively as peoples in all national institutions and fora, including
deliberative bodies.
Article XXII. Indigenous law and jurisdiction
1. 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.
2. The indigenous law and legal systems shall be recognized and respected by the
national, regional and international legal systems.
3. The matters referring to indigenous persons or to their rights or interests in the
jurisdiction of each state shall be conducted so as to provide for the right of the indigenous people to
full representation with dignity and equality before the law. Consequently, they are entitled, without
discrimination, to equal protection and benefit of the law, including the use of linguistic and cultural
interpreters.
4. The States shall take effective measures in conjunction with indigenous peoples to
ensure the implementation of this article.
Article XXIII. Contributions of the indigenous legal and organizational systems
1. Indigenous peoples have the right to full and effective participation in decisionmaking,
through representatives chosen by themselves in accordance with their own institutions, in
matters which affect their rights, and which are related to the development and execution of laws,
public policies, programs, plans, and actions related to indigenous matters.
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, prior and
informed consent before adopting and implementing legislative or administrative measures that may
affect them.1/
Article XXIV. Treaties, agreements, and other constructive arrangements
1. Indigenous peoples have the right to the recognition, observance, and enforcement of
the treaties, agreements and other constructive arrangements concluded with states and their
successors, in accordance with their true spirit and intent in good faith and to have the same be
respected and honored by the States. States shall give due consideration to the understanding of the
indigenous peoples as regards to treaties, agreements and other constructive arrangements.
2. When disputes cannot be resolved between the parties in relation to such treaties,
agreements and other constructive arrangements, these shall be submitted to competent bodies,
including regional and international bodies, by the States or indigenous peoples concerned.

1. The State of Colombia breaks with consensus as regards Article XXIII, paragraph 2, of the OAS
Declaration on Indigenous Peoples, which deals with consultations for obtaining indigenous …
– 11 –
3. Nothing in this Declaration may be interpreted as diminishing or eliminating the
rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.
SECTION FIVE: Social, Economic, and Property Rights
Article XXV. Traditional forms of property and cultural survival. Right to land, territory, and
resources
1. Indigenous peoples have the right to maintain and strengthen their distinctive
spiritual, cultural, and material relationship to their lands, territories, and resources and to assume
their responsibilities to preserve them for themselves and for future generations.
2. Indigenous peoples have the right to the lands, territories and resources which they
have traditionally owned, occupied or otherwise used or acquired.
3. 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.
4. 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.
5. Indigenous peoples have the right to legal recognition of the various and particular
modalities and forms of property, possession and ownership of their lands, territories, and resources
in accordance with the legal system of each State and the relevant international instruments. The
states shall establish the special regimes appropriate for such recognition, and for their effective
demarcation or titling.
Article XXVI. Indigenous peoples in voluntary isolation or initial contact
1. Indigenous peoples in voluntary isolation or initial contact have the right to remain in
that condition and to live freely and in accordance with their cultures.
2. The states shall adopt adequate policies and measures with the knowledge and
participation of indigenous peoples and organizations to recognize, respect, and protect the lands,
territories, environment, and cultures of these peoples as well as their life, and individual and
collective integrity.
Article XXVII. Labor Rights
1. Indigenous peoples and persons have the rights and guarantees recognized in national
and international labor law. States shall take all special measures to prevent, punish and remedy the
discrimination to which indigenous peoples and persons are subjected.
– 12 –
2. States, in conjunction with indigenous peoples, shall adopt immediate and effective
measures to eliminate exploitative labor practices with regard to indigenous peoples, in particular,
indigenous children, women and elders.
3. In case indigenous peoples are not effectively protected by the laws applicable to
workers in general, states, in conjunction with indigenous peoples, shall take all measures that may be
necessary in order to:
a. protect indigenous workers and employees in relation to contracting under
fair and equal conditions in both formal and informal employment;
b. establish, apply, or improve labor inspection and the enforcement of rules
with particular attention to, inter alia, regions, companies, and labor
activities in which indigenous workers or employees participate;
c. establish, apply or enforce laws so that both female and male indigenous
workers:
i. enjoy equal opportunities and treatment in all terms, conditions, and
benefits of employment, including training and capacity-building,
under national and international law;
ii. enjoy the right of association, the right to form trade unions, and join
trade union activities, and the right to bargain collectively with
employers through representatives of their own choosing or workers’
organizations, including traditional authorities;
iii. are not subject to discrimination or harassment on the basis of, inter
alia, race, sex, indigenous origin or identity;
iv. are not subject to coercive hiring systems, including debt servitude or
any other form of forced or compulsory labor regardless of whether
the labor arrangement arises from law, custom, or an individual or
collective arrangement, in which case the labor arrangement shall be
deemed absolutely null and void;
v. are not forced to work in conditions that endanger their health and
personal safety; and are protected from work that does not comport
with occupational health and safety standards; and
vi. receive full and effective legal protection, without discrimination,
when they provide their services as seasonal, occasional, or migrant
workers, as well as when they are contracted by employers such that
they receive the benefits of the national legislation and practices,
which shall be in accordance with the international human rights
laws and standards for this category of workers;
d. ensure that the indigenous workers and their employers are informed of the
rights of indigenous workers under national law and international and
indigenous standards, and of the remedies and actions available to them to
protect those rights.
4. States shall take measures to promote employment of indigenous individuals.
– 13 –
Article XXVIII. Protection of Cultural Heritage and Intellectual Property
1. Indigenous peoples have the right to the full recognition and respect for their
property, ownership, possession, control, development, and protection of their tangible and intangible
cultural heritage and intellectual property, including its collective nature, transmitted through
millennia, from generation to generation.
2. The collective intellectual property of indigenous peoples includes, inter alia,
traditional knowledge and traditional cultural expressions including traditional knowledge associated
with genetic resources, ancestral designs and procedures, cultural, artistic, spiritual, technological,
and scientific, expressions, tangible and intangible cultural heritage, as well as the knowledge and
developments of their own related to biodiversity and the utility and qualities of seeds and medicinal
plants, flora and fauna.
3. States, with the full and effective participation of indigenous peoples, shall adopt
measures necessary to ensure that national and international agreements and regimes provide
recognition and adequate protection for the cultural heritage of indigenous peoples and intellectual
property associated with that heritage. In adopting these measures, consultations shall be effective
intended to obtain the free, prior, and informed consent of indigenous peoples.
Article XXIX. Right to development
1. Indigenous peoples have the right to maintain and determine their own priorities with
respect to their political, economic, social, and cultural development in conformity with their own
world view. They also have the right to be guaranteed the enjoyment of their own means of
subsistence and development, and to engage freely in all their economic activities
2. This right includes the development of policies, plans, programs, and strategies in the
exercise of their right to development and to implement them in accordance with their political and
social organization, norms and procedures, their own world views and institutions.
3. Indigenous peoples have the right to be actively involved in developing and
determining development programmes affecting them and, as far as possible, to administer such
programmes through their own institutions.
4. 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.2/
5. Indigenous peoples have the right to effective measures to mitigate adverse
ecological, economic, social, cultural, or spiritual impacts for the implementation of development
projects that affect their rights. Indigenous peoples who have been deprived of their own means of
subsistence and development have the right to restitution and, where this is not possible, to fair and

2. The State of Colombia breaks with consensus as regards Article XXIX, paragraph 4, of the OAS
Declaration on Indigenous Peoples, which deals with consultations for obtaining indigenous…
– 14 –
equitable compensation. This includes the right to compensation for any damage caused to them by
the implementation of state, international financial institutions or private business plans, programs, or
projects.
Article XXX. Right to peace, security, and protection
1. Indigenous peoples have the right to peace and security.
2. Indigenous peoples have the right to recognition and respect for their institutions for
the maintenance of their organization and control of its communities and peoples.
3. Indigenous peoples have the right to protection and security in situations or periods
of internal or international armed conflict pursuant to international humanitarian law.
4. States, in compliance with international agreements to which they are party, in
particular international humanitarian law and international human rights law, including the Fourth
Geneva Convention of 1949 relative to the protection of civilian persons in time of war, and Protocol
II of 1977 relating to the protection of victims of non-international armed conflicts, in the event of
armed conflicts shall take adequate measures to protect the human rights, institutions, lands,
territories, and resources of the indigenous peoples and their communities. Likewise, States:
a. Shall not recruit indigenous children and adolescents into the armed forces
under any circumstances;
b. Shall take measures of effective reparation and provide adequate resources
for the same, in jointly with the indigenous peoples affected, for the damages
incurred caused by an armed conflict.
c. Shall take special and effective measures in collaboration with indigenous
peoples to guarantee that indigenous women, children live free from all
forms of violence, especially sexual violence, and shall guarantee the right to
access to justice, protection, and effective reparation for damages incurred to
the victims.
6. 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.3/
SECTION SIX: General Provisions
Article XXXI
1. The states shall ensure the full enjoyment of the civil, political, economic, social, and
cultural rights of indigenous peoples, as well as their right to maintain their cultural identity, spiritual
and religious traditions, worldview, values and the protection of their religious and cultural sites, and
human rights contained in this Declaration.

3. The State of Colombia breaks with consensus as regards Article XXX, paragraph 5, of the OAS
Declaration on Indigenous Peoples, since according to the mandate contained in the ….
– 15 –
2. The states shall promote, with the full and effective participation of the indigenous
peoples, the adoption of the legislative and other measures that may be necessary to give effect to the
rights included in this Declaration.
Article XXXII
All the rights and freedoms recognized in the present Declaration are guaranteed equally to
indigenous women and men.
Article XXXIII
Indigenous peoples and persons have the right to effective and appropriate remedies,
including prompt judicial remedies, for the reparation of all violations of their collective and
individual rights. The states, with full and effective participation of indigenous peoples, shall provide
the necessary mechanisms for the exercise of this right.
Article XXXIV
In case of conflicts and disputes with indigenous peoples, states shall provide, with the full
and effective participation of those peoples, just, equitable and effective mechanisms and procedures
for their prompt resolution. For this purpose, due consideration and recognition shall be given to the
customs, traditions, norms or legal systems of the indigenous peoples concerned.
Article XXXV
Nothing in this Declaration may be interpreted so as to limit, restrict, or deny human rights in
any way, or so as to authorize any action that is not in keeping with international human rights law.
Article XXXVI
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.
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.
Article XXXVII
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.
– 16 –
Article XXXVIII
The Organization of American States, its organs, agencies, and entities, shall take all
necessary measures to promote the full respect, protection, and application of the rights of indigenous
peoples contained in this Declaration and shall endeavor to ensure their efficacy.
Article XXXIX
The nature and scope of the measures that shall be taken to implement this Declaration shall
be determined in accordance with the spirit and purpose of said Declaration.
Article XL
Nothing in this declaration shall be construed as diminishing or extinguishing rights that
indigenous peoples now have or may acquire in the future.
Article XLI
The rights recognized in this Declaration and the United Nations Declaration on the Rights of
Indigenous Peoples constitute the minimum standards for the survival, dignity, and well-being of the
indigenous peoples of the Americas.
– 17 –
FOOTNOTES
1. …individuals, increasing indigenous participation in national political processes,
addressing lack of infrastructure and poor living conditions in indigenous areas, combating violence
against indigenous women and girls, promoting the repatriation of ancestral remains and ceremonial
objects, and collaborating on issues of land rights and self-governance, among many other issues. The
multitude of ongoing initiatives with respect to these topics provide avenues for addressing some of
the consequences of past actions. The United States has, however, persistently objected to the text of
this American Declaration, which is not itself legally binding and therefore does not create new law,
and is not a statement of Organization of American States (OAS) Member States’ obligations under
treaty or customary international law.
The United States reiterates its longstanding belief that implementation of the United Nations
Declaration on the Rights of Indigenous Peoples (“UN Declaration”) should remain the focus of the
OAS and its Member States. OAS Member States joined other UN Member States in renewing their
political commitments with respect to the UN Declaration at the World Conference on Indigenous
Peoples in September 2014. The important and challenging initiatives underway at the global level to
realize the respective commitments in the UN Declaration and the outcome document of the World
Conference are appropriately the focus of the attention and resources of States, indigenous peoples,
civil society, and international organizations, including in the Americas. In this regard, the United
States intends to continue its diligent and proactive efforts, which it has undertaken in close
collaboration with indigenous peoples in the United States and many of its fellow OAS Member
States, to promote achievement of the ends of the UN Declaration, and to promote fulfillment of the
commitments in the World Conference outcome document. Of final note, the United States reiterates
its solidarity with the concerns expressed by indigenous peoples concerning their lack of full and
effective participation in these negotiations.
2. …in full partnership with Indigenous peoples in Canada, to move forward with the
implementation of the UN Declaration on the Rights of Indigenous Peoples in accordance with
Canada’s Constitution. As Canada has not participated substantively in recent years in negotiations on
the American Declaration on the Rights of Indigenous Peoples, it is not able at this time to take a
position on the proposed text of this Declaration. Canada is committed to continue working with our
partners in the OAS on advancing Indigenous issues across the Americas.
3. …communities’ prior, free, and informed consent before adopting and enforcing
legislative or administrative measures that could affect them, in order to secure their free, prior, and
informed consent.
This is because Colombian law defines such communities’ right of prior consultation in
accordance with ILO Convention No. 169. Thus, the Colombian Constitutional Court has ruled that
the consultation process must be pursued “with the aim of reaching an agreement or securing the
consent of the indigenous communities regarding the proposed legislative measures.” It must be
noted that this does not translate into the ethnic communities having the power of veto over measures
affecting them directly whereby such measures cannot proceed without their consent; instead, it
means that following a disagreement “formulas for consensus-building or agreement with the
community” must be presented.
– 18 –
Moreover, the Committee of Experts of the International Labour Organization (ILO) has
established that prior consultation does not imply the right to veto state decisions, but is rather a
suitable mechanism for indigenous and tribal peoples to enjoy the right of expression and of
influencing the decision-making process.
Accordingly, and in the understanding that this Declaration’s approach to prior consent is
different and could amount to a possible veto, in the absence of an agreement, which could bring
processes of general interest to a halt, the contents of this article are unacceptable to Colombia.
4. …communities’ prior, free, and informed consent before approving projects that
could affect their lands or territories and other resources.
This is because although the Colombian State has included in its legal order a wide range of
rights intended to recognize, guarantee, and uphold the constitutional rights and principles of
pluralism and ethnic and cultural diversity in the nation within the framework of the Constitution, the
recognition of the collective rights of indigenous peoples is regulated by legal and administrative
provisions, in line with the objectives of the State and with principles such as the social and
ecological function of property and the state ownership of the subsoil and nonrenewable natural
resources.
Accordingly, in those territories indigenous peoples exercise their own political, social, and
judicial organization. By constitutional mandate, their authorities are recognized as public state
authorities with special status and, as regards judicial matters, recognition is given to the special
indigenous jurisdiction, which represents notable progress compared to other countries of the region.
In the international context, Colombia has been a leader in enforcing the rules governing
prior consultation set out in Convention No. 169 of the International Labour Organization (ILO), to
which our State is a party.
In the understanding that this Declaration’s approach to prior consent is different and could
amount to a possible veto on the exploitation of natural resources found in indigenous territories, in
the absence of an agreement, which could bring processes of general interest to a halt, the contents of
this article are unacceptable to Colombia.
In addition, it is important to note that the constitutions of many states, including Colombia,
stipulate that the subsoil and nonrenewable natural resources are the property of the State to preserve
and ensure their public usefulness to the benefit of the entire nation. For that reason, the provisions
contained in this article are contrary to the domestic legal order of Colombia, based on the national
interest.
5. …Constitution of Colombia, the security forces are obliged to be present in any part
of the nation’s territory to provide and uphold protection and respect for all inhabitants’ lives, honor,
and property, both individually and collectively. The protection of the rights and integrity of
indigenous communities depends largely on the security of their territories.
Thus, in Colombia the security forces have been given instructions to observe the obligation
of protecting indigenous peoples. Accordingly, the provision of the OAS Declaration on Indigenous
Peoples under examination would be in breach of the principle of need and effectiveness of the
– 19 –
security forces, hindering the performance of their institutional mission, which renders it
unacceptable to Colombia.

 

Free, Prior and Informed Consent

DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS

Division for Social Policy and Development

Secretariat of the Permanent Forum on Indigenous Issues

WORKSHOP ON FREE, PRIOR AND INFORMED CONSENT

(New York, 17-19 January 2005)

An Overview of the Principle of Free, Prior and Informed Consent and Indigenous Peoples in International and Domestic Law and Practices

Contribution by

Parshuram Tamang*

Indigenous Expert (Member from Asia Region)

Permanent Forum on Indigenous Issues

United Nations

Presented at Workshop on Free, Prior and Infwormed Consent and Indigenous Peoples, organized by the Secretariat of UNPFII, 17-19 January 2005,UN Headquarter, New York, USA

Content

1. Context of free, prior and informed consent and its significance

2. The principle of Free, Prior and Informed Consent in international and domestic laws and practices

3. Towards a common understanding of the principle of free, prior and informed consent in activities relating to indigenous peoples

3.1 Core values

3.2 Mechanism and procedural considerations

3.3 Key areas of application of Free, Prior and Informed Consent

4. Lessons, challenges and opportunities

5. Concluding remarks and recommendations

6. Footnotes

7. References

[* Mr. Tamang is also the ICC member of International Alliance of Indigenous and Tribal Peoples of the Tropical Forests; SC Member of Call of the Earth – Ancient Wisdom for Sustaining Livelihoods, Culture and Environment; President of International Tamang Council; and Chief Advisor and former National Chairman of Nepal Tamang Ghedung.]

I. Context of the Principles of Free, Prior and Informed Consent and Its Significance

1. Indigenous Peoples’ right to free, prior and informed consent (FPIC) has been recognized by a number of intergovernmental organizations, international bodies, conventions and international human rights law in varying degrees and increasingly in the laws of State1/.

2. Development projects and operations, legal and administrative regimes have had and continue to have a devastating impact on indigenous peoples, undermining their ability to sustain themselves physically and culturally. These threats have been documented by many studies and experiences that the Principles of FPIC of IPs to development projects and plans that may affect them has emerged as the desired standard to be applied in protecting and promoting their rights in the developmental process2/.”

3. The United Development Programme (UNDP) presented a report of the Inter-Agency Support Group on Indigenous Issues on FPIC at the Permanent Forum in May 2004 (E/C.19/2004/11). Some UN agencies have, to some extent, implemented FPIC on an ad hoc basis in line with their general guidelines or legal instruments and principles to enhance their partnership with Indigenous Peoples (IPs). However, it states that there is no internationally agreed definition or understanding of the principle or mechanism for implementation.

4. The World Commission on Dam states that the principle of FPIC should guide the building of dams that may affect IPs and ethnic minorities. The World Bank’s Extractive Industries Review (EIR) concluded that recognition and implementation of the rights of affected people to prior and informed consent is a necessary condition for extractive projects to be successful in contributing to poverty alleviation and sustainable development.

5. The Working Group on Indigenous Populations (WGIP) set an agenda item on FPIC in July20043/ as a possible future standard setting activity (E/CN.4/Sub.2/ AC.4/2003/3). The third session of the Permanent Forum on Indigenous Issues (UNPFII) has decided a workshop to seek common understanding of the principle of FPIC in activities relating to Indigenous Peoples and to report the outcome of the workshop to the Forum at its Fourth Session in May 20054/.

6. The purpose of the paper is to provide background information how FPIC has

been in use in international and domestic legal instruments, to provide an interpretation of the principle of FPIC within the context of international human rights, environment and development law, as well as to derive guidelines on how the principle should be respected in activities relating to indigenous peoples in practice, and to recommend further improvement of policy framework to strengthen indigenous peoples’ consent practices and harmonize its implementation among various agencies, disciplines and states.

II. The Principle of Free, Prior and Informed Consent in International and Domestic Law and Practices

A. International Level:

7. International Labour Organisation’s Convention on Indigenous and Tribal Peoples in Independent Countries – 169/1989 refers the principle of free and informed consent in the context of relocation of indigenous peoples from their land in its article 6. In article 6, 7 and 15, the convention aims at ensuring that every effort is made by the States to fully consult with IPs in the context of development, land and resources.

8. Rotterdam Convention on the Prior Informed Consent procedure for certain hazardous chemicals and pesticides in international trade, 1998 (Enforced in February 2004) applies to banned or severely restricted chemicals; and severely hazardous pesticide formulations that may impact on human health and the environment. This Convention was developed on the works undertaken by the UNEP and FAO in the operation of voluntary prior informed consent procedure, as set out in the UNEP amended London guidelines for the Exchange of Information on Chemicals in International Trade and the FAO International Code of Conduct on the Distribution and Use of Pesticides. (It does not refer to IPs).

9. UN Draft Declaration on the Rights of IPs (UNDD) (Sub-Commission resolution 1994/45, annex) is an emerging instrument on the rights of indigenous peoples that explicitly recognizes the principle of FPIC in its articles 1, 12, 20, 27 and 30. UNDD refers to the Ips’ right to determine and develop priorities and strategies for the development or use of their lands, territories and other resources, including FPIC from state in connection with development and utilisation of surface and subsurface resources such as:

(a). Article 10 on forced relocation;

(b). Article 12 on culture and intellectual property;

(c). Article 20 vis-à-vis legislative and administrative measures taken by the States

(d). Article 27 with regards to indigenous peoples’ lands, territories and

resources, and

(e). Article 30 with development planning.

10. UN Committee on the Elimination of Racial Discrimination (CERD) made observation and general recommendations on State obligations and indigenous rights under convention and calls upon States to “ensure that members of indigenous peoples have rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests are taken without their informed consent” (GR XXIII 51 concerning IPs adopted at the Committee’s 1235th Meeting, 1997).

11. In 2000, in its concluding observation on Australia’s report, the CERD reiterated,

“its recommendation that the State party ensure effective participation by indigenous communities in decisions affecting their land rights, as required under article 5C of the Convention and the General Recommendations XXIII of the Committee, which stresses the importance of ensuring the “informed consent” of indigenous peoples5/.”

12. In 2001, the UN Committee on Economic, Social and Cultural Rights on report of Columbia in relation to traditional lands (E/C.12/I/Add. 74, para. 12) in its concluding observation, noted “with regret that the traditional lands of indigenous peoples have been reduced or occupied, without their consent, by timber, mining and oil companies, at the expense of the exercise of their culture and the equilibrium of the ecosystem.” It subsequently urged “to consult and seek the consent of Indigenous peoples concerned prior to the implementation of timber, soil or subsoil mining projects and on any public policy affecting them (ibid., para.33).

  1. UN Workshop on Indigenous Peoples, Private Sector Natural Resource, Energy

and Mining Companies and Human Rights, held in Geneva from 5-7 Dec. 2001 discussed the prin ciple of FPIC and recognized the need to have a universally agreed upon definition of the principle. The participants reached a basic common understanding of the meaning of the principle, as the right of indigenous peoples, as land and resource owners, to say “no” to proposed development projects at any point during negotiations with governments and/or extractive industries (E/CN.4/Sub.2/AC.4/ 2002/3, para. 52).

  1. The Convention on Biological Diversity 1992 in its article 8(J) calls on

contracting States,

“to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities………..and promote their wider application with the approval and involvement of the holders of such knowledge, innovation and practices”.

The Cartagena Protocol on Bio-Safety (2000) to the Convention on Biological Diversity also recognizes FPIC applies in the transboundary movement, transit, handling and use of all living organisms.

The Fifth Conference of Parties (COP) to the CBD Decision V/16 expresses a firm commitment to the implementation of PIC in its general principles:

“access to traditional knowledge, innovation and practices of indigenous and local communities should be subject to prior informed consent or prior informed approval from the holders of such knowledge, innovations and practices6/.”

Decision V/16 further calls upon:

“Parties to take measures to enhance and strengthen the capacity of indigenous and local communities to be effectively involved in decision-making related to the use of their traditional knowledge, innovations and practices relevant to the conservation and sustainable use of biological diversity subject to their prior informed approval and effective involvement7/”

15. UN Sub-Commission on the Promotion and Protection of Human Rights’ on the Norms on the Responsibility of Transnational Corporations and other Business Enterprises with Regard to Human Rights (E/CN.4/Sub.2/ 2003/38/Rev.2, para. 10.C ) states that the transnational corporations and other business enterprises shall respect the rights of local communities affected by their activities and the rights of indigenous peoples and communities consistent with international human rights standards such as the Indigenous and Tribal Peoples Convention 169 including FPIC of indigenous peoples to be affected by their development projects (E/CN.4/SUB.2/2003/38/Rev.2, para. 10 ©).

16. Intergovernmental Panel on Forest (IPF) (Now United Nations Forum on Forests – UNFF) reaffirmed the principles of respect for Ips’ rights to their lands and territories and FPIC expressed through their own representative institutions, including the ‘right to say no’ (Leticia Declaration).

17. UNCED 1992 accepted IPs as Major Group in implementation of Agenda 21. Rio Declaration in Article 22 explicitly noted that:

“Indigenous peoples and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognise and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.”

“Agenda 21 and Forest Principles recognize: indigenous rights to land, intellectual and cultural property and to maintain their customary and administrative practices; the need for greater participation; the value of their involvement in forest management and conservation.”

18. UNDP in preparation of the third session of the PFII surveyed a questionnaire among UN bodies, funds, programmes and specialized agencies in order to gather information about “how the principle of FPIC is understood and applied by the United Nations Programmes, Funds and agencies” ((E/C.19/2004/11). The report states that 10 out of 19 UN agencies implemented FPIC in their policies and practices and FPIC is embedded in the human rights framework. UNDP applies the principle in three areas: in the context of developmental planning and programming; on issues of resettlement; and on issues of indigenous knowledge.

B. Regional Level:

19. Draft American Declaration on the Rights of IPs of the Organization of American States (OAS) in its articles XVII AND XXIII states that the States obtain FPIC prior to the approval of any project affecting IPs lands, territories and resources, particularly in connection with the development, utilization or exploration of mineral, water or other resources.

20. The Inter-American Commission on Human Rights (IACHR) has developed considerable jurisprudence on FPIC. The Commission has stated that the Inter-American human rights law requires “special measures to ensure recognition of the particular and collective interest that indigenous people have in the occupation and use of their traditional lands and resources and their right not to be deprived of this interest except with fully informed consent.” In 2003, the IACHR stated that FPIC is generally applicable “to decisions by the State that will have an impact upon indigenous lands and their communities, such as the granting of concessions to exploit the natural resources of indigenous territories.” IACHR has precedence on FPIC as in the case of the Mayagna (Sumo) in Nicaragua in 2000, “State of Nicaragua is actively responsible for violations of the right to property, embodied in Article 21 of the Convention, by granting a concession to the company SOLCARSA to carry out road construction work and logging exploitation on the Awas Tingni lands, without the consent of the Awas Tingni community8/.”

21. The Inter-American Development Bank’s (IADB) 1990 Strategies and Procedures on Socio-Cultural Issues as Related to the Environment provides that

“In general the IDB will not support projects affecting tribal lands and territories, unless the tribal society is in agreement.”

FPIC is already included in the IADB’s policy on Involuntary Resettlement.

22. In 1998, the Council of Ministers of European Union adopted a Resolution entitled, Indigenous Peoples within the Framework of the Development Cooperation of the Community and Member States. It provides that

“indigenous have the right to choose their own development paths, which includes the right to objects, in particular in their traditional areas9.”

This was reaffirmed in 2002 by the European Commission, which stated that the EU interprets this language to be the equivalent of FPIC.

23. The ASEAN Draft Agreement on Access to Biological and Genetic Resources (2000) in its preamble acknowledges:

“The fundamental principle that the prior informed consent of the Member State and its indigenous peoples and local communities embodying traditional lifestyles would have to be secured before access can take place10”.

C. National Level:

The Philippines, Malaysia, Australia, Venezuela, Peru, etc. have national legislation on the free, prior and informed consent of indigenous peoples for all activities affecting their lands and territories, for example.

24. Philippines: The Indigenous Peoples Rights Act (1997)11 recognizes the right of FPIC of IPs for all activities affecting their lands and territories including:

(a). Exploration, development and use of natural resources;

(b). Research-bioprospecting;

©. Displacement and relocation;

(d). Archaeological explorations;

(f). Policies affecting Ips such Executive order 263 (Community Based

Forest Management);

(g). Entry of Military

25. Nino, Bernal and Contreras write that Venezuela adopted a law on Biodiversity in May 2000. Article 39 provides the conservation of cultural diversity through the recognition and promotion of traditional knowledge (TK) and Article 44 has provision that TK holders can oppose the granting of access to genetic resources or materials or TK projects in their territories or ask halt to the activities that they feared might affect their cultural heritage and biological diversity (Gupta 2000: 60) .

26. Malaysia, Sarawak State passed the Sarawak Biodiversity Centre Ordinance 1977, and then the 1998 Sarawak Biodiversity (Access, Collection and Research) Regulations. The Sarawak Council is responsible for regulating access, collection, research, protection, utilization, and export of the State’s biological resources. In 2004, the Sabah State of Malaysia in its “Framework for incorporating indigenous communities within the rules accompanying the Sabah Biodiversity Enactment 2000” created a system rule that ensures indigenous peoples

“shall all times and in perpetuity, be legitimate creators, users and custodians of traditional knowledge, and shall collectively benefit from the use of such knowledge.”

27. A Revised Peruvian proposal in August 2000 recognizes the FPIC for

scientific research and cultural heritage as well as for the commercial exploitation of the resources (Gupta 2004: 60) and right of FPIC recognised according to traditional systems of representation and customary law (Law 27811).

28. In five states of Australia, consent has been obtained through statutory indigenous controlled Land Councils in the mining area for more than 30 years. These consent procedures were reviewed by the National Institute of Economic and Industry Research in 1999, which found that they had been successful in safeguarding Aboriginal control over Aboriginal land and has also provided a process of negotiation by which an increasing proportion of Aboriginal land in the Territory has been made available for mineral exploration12/.

III. Towards a Common Understanding of the Principle of Free, Prior and Informed Consent in Activities Relating to Indigenous Peoples

3.1 Mechanism and procedural considerations, for example:

A. ILO convention (Human Rights Law):

29. ILO 169/1989 refers to the principles of FPIC: Article 6, 7, 16, 16 and 22 provides that the government shall:

(a) consult the peoples concerned, through appropriate procedures

(b). in particular through their representative institutions; establish means by which these peoples can freely participate to at least the same extent as other sectors of population;

(C) assist these peoples’ own institutions and initiatives and in appropriate cases provide the resources for these purposes.

30. In general the Convention specifies that consultation should take place specifically in the following circumstances:

(a) When considering legislative or administrative measures that are likely to affect indigenous and tribal peoples {article 6.1 (a)};

(b) Prior to exploration or exploitation of sub-surface resources (article 15.2);

( c). When any consideration is being given to indigenous and tribal peoples’ capacity to alienate their lands or to transmit them outside their own communities (article 17);

(d). Prior to relocation, which should take place only with the FPIC of IPs (article 16);

(e). On the organisation and operation of special vocational training programmes (article 22).

B. Environmental Law: On the basis of Article 8(j) and its related provisions, the COP to CBD has formulated:

  1. Article 8(e) of the Akwe; Kon Voluntary Guidelines refers to the:

“Establishment of a process whereby local and indigenous communities may have the option to accept or opposea proposed development that may impact on their community.”

Particularly: the Article 53 provides that:

“Prior informed consent corresponding to various phases of the impact assessment process should consider the rights, knowledge, innovations and practices of indigenous and local communities; the use of appropriate language and process; the allocation of sufficient time and the provision of accurate, factual and legally correct information. Modifications to the initial development proposal will require the additional prior informed consent of the affected indigenous and local communities”.

32. Bonn Voluntary Guidelines on Access and Benefit Sharing, intending ‘to assist Parties in the establishment of a system of prior informed consent, in accordance with Article 15 of the CBD provides:

“Respecting established legal rights of indigenous and local communities associated with the genetic resources being accessed or where traditional knowledge associated with these genetic resources is being accessed, the prior informed consent of indigenous and local communities and the approval and involvement of the holders of traditional knowledge, innovations and practices should be obtained, in accordance with their traditional practices, national access policies and subject to domestic laws.”

Article 16 (a) (vii) of the Bonn Guidelines provides that State should support measures as appropriate to enhance indigenous and local communities’ capacity to represent their interests fully at negotiations and Article 8(i) linked to the requirement of mutually agreed terms.

Bonn Guidelines in its Articles 24 – 40 provides the procedural considerations on FPIC and in Articles 41 – 44provides the basis for benefit sharing on Mutually Agreed Terms.

33. Draft International Guidelines for Activities Related Sustainable Tourism Development in Vulnerable Terrestrial, Marine and Coastal Ecosystems and Habitats of Major Importance for Biodiversity and Protected Areas, including Fragile Riparian and Mountain Ecosystem states that “affected local and indigenous communities and other stakeholders must be consulted and involved, and approached for prior informed consent.”

34. Guidelines for Incorporating Biodiversity-related Issues into Environmental in Assessment Legislation and / or process and in Strategic Environmental Assessment (Decision VI/7).

35. Cartagena Bio-Safety Protocol (2000) to CBD applies to the transboundary movement, transit, handling and use of all living modified organism that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health.

(D). Development Institutions’ Conventional Methods as Environmental Impacts Assessment (EIA) by consultants.

36. World Bank (Operation Directive 4.20): Borrower government commitment to adhere to the Bank’s Policy; establish mechanism to ensure IPs participation in the full project cycle; and indigenous peoples components which includes:

1. Assessment of national legal framework regarding IPs,

2. Base line data,

3. Mechanism for legal recognition of tenure rights

4. Capacity building of government dealing with IPs

5. Health care, education, legal assistance and institution building,

6. Fund disbursement on government compliance with these measures

37. World Bank’s OP 4.36 requires borrower governments and clients to ensure same kinds of condition with respect to its funding for forestry sectors.

38. The World Bank’s Extractive Industries Review (EIR), a three-year multi-stakeholder external evaluation process into the effectiveness of Bank-funded extractive projects in alleviating poverty and promoting sustainable development, recommends that the World Bank Group “should ensure that indigenous peoples’ right to give their free, prior and informed consent is incorporated and respected in its Safeguard Policies and project-related instruments.”

However, the WBG management response rejects this, stating that the lack of global consensus on the meaning of FPIC, implementation of FPIC has been interpreted as implying a limitation on sovereign government constitutional processes, where this would represent a veto on development13/.

“In sum, the requirement of free, prior and informed consultation proposed by Bank Group Management will not require the prior informed consent of any group. However, such consultation would require the demonstration of ‘broad community support’ as a project pre-requisite.”

4.2 Key areas for application of free, prior and informed consent

39. The above analysis brings the following areas of application, such as:

a. Cultural heritage, cultural expression and diversity

b. Human development and education

c. Indigenous Knowledge

d. Intellectual Property related Issues

e. Genetic Resources and Sacred Sites

f. Health

h. Hazardous Chemicals

i. Exploration, development and use of natural resources

j. Research of Biodiversity and Exploitation of Biological resources for commercial purposes (Private corporate sector, company, research institutes, University)

k. Research-Bioprospecting, Biotechnology

l. Displacement and relocation from Protected Areas and Dams

m. Archaeological explorations

n. Entry of Military

o. New settlements in indigenous lands and territories

p. Legislative and administrative measures, and

q. Developmental planning

r. Research on indigenous peoples

s. Forests, Plantation, Afforestation, reforestation

IV. Lessons, Challenges and Opportunities

41. FPIC is an established feature of international human rights norms and development policies pertaining to indigenous peoples.

42. There is need to have internationally agreed definition or understanding of the principle or mechanism for implementation

43. Definition of Terminologies such as Free, Prior, Informed and Consent is required formally.

44. There is an argument that FPIC contravenes state sovereignty in general, including state sovereignty over natural resources.

45. FPIC could complement/bridge gaps between IPR based on Individual rights and IPR based on the emerging potential collective rights and between IPR and ABS.

46. FPIC must be based on specific activities and shared with the States.

47. FPIC should be recognized legally.

48. In relation to development projects affecting indigenous peoples,

i. Indigenous peoples are not coerced, pressured or intimidated in their choices of development;

ii. Their consent is sought and freely given prior to the start of development activities;

  1. Indigenous Peoples have full information about the scope and impacts of the proposed development activities on their lands, resources and well being;
  2. Their choices to give or withhold consent over developments affecting them is respected and upheld.

V. Concluding Remarks and Recommendations

49. Legislative and administrative measures, development projects planning and all activities affecting indigenous peoples’ culture, history, traditional knowledge, lands, territories, natural resources, genetic resources, climate, environment, arts and artifacts, historical and sacred sites require FPIC.

50. A set of core principles and elements could be as a practical tool for providing technical guidance to policy makers and actors, whether in national or local government, the private sector, multinationals, indigenous and local communities and other organizations; and whether in regional or international level or UN agencies at interagency level – country offices in CCA, UNDAF and MDGS.

51. The following elements, but shall not be limited to, are a set of core principles of FPIC in relation to indigenous peoples:

i. The principle of FPIC recognizes IPs’ inherent and prior rights to their lands, territories and resources and respects their legitimate authority and requires processes that allow and support meaningful choices by indigenous peoples about their development path (Tebtabba).

ii. The principle of FPIC is central to IPs’ exercise of their right to self- determination with respect to developments affecting them14/.

iii. Interpretation of the principle of FPIC should be embedded in international human rights instruments, conventions and in UNDD on the rights of IPs, which provides a comprehensive set of indigenous peoples rights.

iv. The principle of FPIC should be implemented based on human rights approach.

v. Participation of indigenous peoples is key to the design, decision, implementation and evaluation of any activity in providing FPIC.

vi. FPIC is an evolving tool and its further development is on going; it could be adapted to different realities & ecosystems.

52. Contesting claims between States and other stakeholders including IPs should be resolved and have clear institutional arrangements (mechanism) for monitoring compliance and redress of grievances.

53. The principle of FPIC is a right of indigenous peoples and obligatory methodology for the States and project developers in activities relating to indigenous peoples.

54. FPIC should be recognized legally in national legislation and FPIC should be legally enforceable through the courts.

55. Interpretation of the principle of FPIC should be embedded in international human rights instruments, conventions and in draft declaration on the rights of IPs, which provides a comprehensive set of indigenous peoples’ rights.

56. Indigenous and local communities’ Protocol back up by the customary law and

practices can guide indigenous communities in asserting their rights to FPIC (Malaysia).

  1. UNPFII to commission case studies to explore the possibility of developing

international legal frameworks on the principles of FPIC in order to elaborate and harmonize the implementaion of the UN Agencies in relation to indigenous peoples and local communities.

References:

Forest Peoples Programme and Tebtebba (2003), Extracting Promises: Indigenous Peoples, Extractive Industries and the World Bank, the Philippines.

Gupta, Anil K. (2004), WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge, WIPO AND UNEP.Study No. 4. `

International Instruments:

Akwe: Kon Voluntary Guidelines for the Conduct of Cultural, Environmental and Social Assessments Regarding Developments Proposed to Take Place ojn, or which are likely to Impact on, Sacred Sites and on Lands and Waters Traditionally Occupied or used by Indigenous and Local Communities, adopted at COP 7, 2004, Montreal, SCBD.

Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization, 2002, Montreal, Secretariat of CBD2002.

Cartagena Protocol on Biosafety to the Convention on Biological Dirversity: Text and Annexes, Montreal, Canada, SCBD, 2000.

Draft International Guidelines for Activities Related to Sustainable Tourism Development in Vulnerable Terrestrial, Mriane and Coastal Ecosystems and Habitats of Major Importance for Biological Diversity and Protected Areas, including Fragile Riparian and Mountain Ecosystems at http:// www.biodiv.org

Draft United Nations Declaration on the Rights of Indigenous Peoples, UN Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, 46th Session, UN doc. E/CN.4/Sub. 2/1994/30.

Guidelines for Incorporating Biodiversity-related Issues into Environmental in Assessment Legislation and / or process and in Strategic Environmental Assessment (Decision VI/7).

International Labour Organisation Indigenous and Tribal Peoples Convention 1989 (No. 169) 72 ILO Official Bull. 59, entered into force Sept. 5, 1991.

Rotterdam Convention on the Prior Informed Consent procedure for certain hazardous chemicals and pesticides in international trade, 1998 (Enforced in February 2004)

The Convention on Biological Diversity: Texts and Annexes, Secretariat of the CBD, Montreal, Quebec, Canada, February 2002.

International Official Records:

Commentary on the Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with Regard to Human Rights (UN Doc. E/CN.4/Sub.2/ 2003/38/Rev.2).

Concluding Observations of the Committee on Economic, Social and Cultural Rights: Columbia. 30/11/2001. E/C.12/Add. 1/74.

Decision V/16 above n 8, Annex: Programme of Work, 1. General Principles 5, at 139-42.

General Recommendation XXIII (51) concerning Indigenous Peoples. Adopted at the Committee’s 1235th meeting, 18 August 1997. (UN Doc. CERD/C/51/Misc.13/Rev.4.

Inter-Agency Support Group on Indigenous Issues; report on free, prior and informed consent E/C.19/2004/11.

Inter-American Development Bank, Involuntary Resettlement – Operational Policy and Background Paper, October 1998.

Preliminary working paper on the principle of free, prior and informed consent of indigenous peoples in relation to development affecting their lands and natural resources that would serve as a framework for the drafting of a legal commentary by the Working Group on this concept submitted by Antoanella-Iulia Motoc and the Tebtebba Foundation, E/CN.4/Sub.2/AC.4/2004/4.

Report of the Commission on Transnational Corporations to the Working Group on Indigenous Populations (UN Doc. E/CN.4/Sub.2/1994/40.

Report of the Workshop on Indigenous Peoples, Private Sector, Natural Resource, Energy, Mining Companies and Human Rights, Geneva, 5-7 December 2001 (E/CN.4/Sub.2/AC.4/2002/3, 17 June 2002.

Report of Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodulfo Stavenhagen, submitted pursuant to Commission resolution 2001/57. UN Doc. E/CN.4/2002/97, para. 56 (E/CN.4/2003/90).

Striking a Better Balance. The World Bank Group and Extractive Industries. The Final Report of the Extractive Industries Review, Vol. 1, December 2003, 41.

The World Bank Group and Extractive Industries: The Final Report of the Extractive Review Meeting of the Executive Directors, August 3, 2004.

The World Bank: Legal Note on Free, Prior and Informed Consultation, Senior Vice President and General Counsel, World Bank General Counsel, IFC and Vice President and General Counsel, MUGA, August 2, 2004.

National Level:

Framework for incorporating indigenous communities within the rules accompanying the Sabah Biodiversity Enactment 2000, Policy paper, November 2004.

The Indigenous Peoples’ Rights Act of 1997.

Briefing Papres:

Bridging the gap between human rights and development: From Normative Principles to Operational Relevance. Lecture by Mary Robinson, DC., 3 Dec. 2001.

FPP briefing paper, “indigenous peoples’ right to free, prior and informed consent and the World Bank’s Extractive Industries Review.”

Fergus Mackay at the ED briefing on FPIC, World Bank, June 2004. Fergus Mackey, A Guide to Indigenous Peoples’ Rights in the Inter-American Human Rights System, Octobe 2001, FPP, UK.

Marcus Colchester, Forest Industries, Indigenous Peoples and Human Rights, Dec. 2001, FPP, UK.

Tamang, Parshuram (2004), Free, Prior and Informed Consent and Indigenous Peoples, presented at International Workshop on FPIC, organised by IIFB, Bangkok, Thailand.

Valadez, Ana (2004), Maya – International Collaborative Biodiversity Groups Consortium, presented at International Workshop on FPIC, organised by IIFB, Bangkok, Thailand.

1. FPP briefing paper, “indigenous peoples’ right to free, prior and informed consent and the World Bank’s Extractive Industries Review.”

2 . Bridging the gap between human rights and development: From Normative Principles to Operational Relevance. Lecture by Mary Robinson, DC., 3 Dec. 2001. Report of Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Rodulfo Stavenhagen, submitted pursuant to Commission resolution 2001/57. UN Doc. E/CN.4/2002/97, para. 56 (E/CN.4/2003/90). Striking a Better Balance. The World Bank Group and Extractive Industries. The Final Report of the Extractive Industries Review, Vol. 1, December 2003, 41.

3 . Preliminary working paper on the principle of free, prior and informd consent of indigenous peoples in relation to development affecting their lands and natural resources that would serve as a framework for the drafting of a legal commentary by the Working Group on this concept submitted by Antoanella-Iulia Motoc and the Tebtebba Foundation, E/CN.4/Sub.2/AC.4/2004/4.

4. Draft Decision of the Third Session of UNPFII, ECOSC, Official Records 2004, Supplement No. 23.

5 . Marcus Colchester, Forest Industries, Indigenous Peoples and Human Rights, Dec. 2001, FPP, UK. Fergus Mackey, A Guide to Indigenous Peoples’ Rights in the Inter-American Human Rights System, Octobe 2001, FPP, UK.

6 . Decision V/16 above n 8, Annex: Programme of Work, 1. General Principles 5, at 139-42.

7 . Striking a Better Balance. The World Bank Group and Extractive Industries. The Final Report of the Extractive Industries Review, Vol. 1, December 2003, 41.

8 . Fergus Mackey, A Guide to Indigenous Peoples’ Rights in the Inter-American Human Rights System, October 2001, FPP, UK.

9 . Speaking Out International Conference (2002) on EU’s Indigenous Peoples Policy within the Framework of the Development Cooperation of the Community and Member States, organised jointly by International Alliance of Indigenous and Tribal Peoples of the Tropical Forests, Rain Forest Movement UK and European Commission, Brussels.

10 . Framework for incorporating indigenous communities within the rules accompanying the Sabah Biodiversity Enactment 2000, Policy Paper, November 2004.

11 . Office of the President, National Commission on Indigenous Peoples, Administrative Order No. 1, Rules and Regulations Implementing Republic Act No. 8371, othewise known as, “The Indigenous Peoples’ Rights Act of 1997.”

12 . Fergus Mackay at the ED briefing on FPIC, World Bank, June 2004.

13 . Legal Note on Free Prior and Informed Consultation, Senior Vice President and General Counsel, World Bank General Counsel, IFC, MIGA, August 2, 2004.

14 . Article 371 G reads thus: “notwithstanding anything in this constitution – (a) no Act of Parliament in respect of – (i) religious or social practices of the Mizos, (ii) Mizo customary law and procedures, (iii) administration of civil and criminal justice involving decisions according to Mizo customary law, (iv) ownership of land, shall apply to the state of Mizoram uless the Legislative Assembly of the State of Mizoram by a resolution so decides………..”. The aforesaid provision was inserted through the Constitution (53rd Amendment) Act, 1996 following an accord between the Government of India and the Mizo National Front, that was signed on 30 June, 1986, ending two decades of insurgency and militarization.