United Nations Declaration - Assembly of First Nations · the Vienna Declaration and Programme of...

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Canadian Friends Service Committee QUAKERS Grand Council of the Crees (Eeyou Istchee) United Nations Declaration on the Rights of Indigenous Peoples M E F U Q . C N I C E B É U Q U D S E N O T H C O T U A S E M M . C N I N E M O W E V I T A AT N C E B E U Q

Transcript of United Nations Declaration - Assembly of First Nations · the Vienna Declaration and Programme of...

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Canadian FriendsService Committee

Q UA K E R S

Grand Council of the Crees (Eeyou Istchee)

United NationsDeclaration

on theRights ofIndigenous

Peoples

MEFUQ

.CNICEBÉUQUDSENOTHCOTUASEMM.CNINEMOWEVITAATNCEBE

UQ

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Table of Contents

Joint Statement on Implementation - March 2011 . .3UN Declaration on the Rights of Indigenous Peoples . . . . . . . . . . . . . . . . . . . . .7

Preamble . . . . . . . . . . . . . . . . . . . . . . . . .7Article 1 . . . . . . . . . . . . . . . . . . . . . . . .13Article 2 . . . . . . . . . . . . . . . . . . . . . . . .13Article 3 . . . . . . . . . . . . . . . . . . . . . . . .14Article 4 . . . . . . . . . . . . . . . . . . . . . . . .14Article 5 . . . . . . . . . . . . . . . . . . . . . . . .14Article 6 . . . . . . . . . . . . . . . . . . . . . . . .15Article 7 . . . . . . . . . . . . . . . . . . . . . . . .15Article 8 . . . . . . . . . . . . . . . . . . . . . . . .15Article 9 . . . . . . . . . . . . . . . . . . . . . . . .16Article 10 . . . . . . . . . . . . . . . . . . . . . . .17Article 11 . . . . . . . . . . . . . . . . . . . . . . .17Article 12 . . . . . . . . . . . . . . . . . . . . . . .18Article 13 . . . . . . . . . . . . . . . . . . . . . . .19Article 14 . . . . . . . . . . . . . . . . . . . . . . .19Article 15 . . . . . . . . . . . . . . . . . . . . . . .20Article 16 . . . . . . . . . . . . . . . . . . . . . . .21Article 17 . . . . . . . . . . . . . . . . . . . . . . .21Article 18 . . . . . . . . . . . . . . . . . . . . . . .22Article 19 . . . . . . . . . . . . . . . . . . . . . . .22Article 20 . . . . . . . . . . . . . . . . . . . . . . .23Article 21 . . . . . . . . . . . . . . . . . . . . . . .23Article 22 . . . . . . . . . . . . . . . . . . . . . . .24Article 23 . . . . . . . . . . . . . . . . . . . . . . .25

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Article 24 . . . . . . . . . . . . . . . . . . . . . . .25Article 25 . . . . . . . . . . . . . . . . . . . . . . .26Article 26 . . . . . . . . . . . . . . . . . . . . . . .26Article 27 . . . . . . . . . . . . . . . . . . . . . . .27Article 28 . . . . . . . . . . . . . . . . . . . . . . .28Article 29 . . . . . . . . . . . . . . . . . . . . . . .28Article 30 . . . . . . . . . . . . . . . . . . . . . . .29Article 31 . . . . . . . . . . . . . . . . . . . . . . .30Article 32 . . . . . . . . . . . . . . . . . . . . . . .31Article 33 . . . . . . . . . . . . . . . . . . . . . . .32Article 34 . . . . . . . . . . . . . . . . . . . . . . .32Article 35 . . . . . . . . . . . . . . . . . . . . . . .33Article 36 . . . . . . . . . . . . . . . . . . . . . . .33Article 37 . . . . . . . . . . . . . . . . . . . . . . .33Article 38 . . . . . . . . . . . . . . . . . . . . . . .34Article 39 . . . . . . . . . . . . . . . . . . . . . . .34Article 40 . . . . . . . . . . . . . . . . . . . . . . .35Article 41 . . . . . . . . . . . . . . . . . . . . . . .35Article 42 . . . . . . . . . . . . . . . . . . . . . . .36Article 43 . . . . . . . . . . . . . . . . . . . . . . .36Article 44 . . . . . . . . . . . . . . . . . . . . . . .36Article 45 . . . . . . . . . . . . . . . . . . . . . . .36Article 46 . . . . . . . . . . . . . . . . . . . . . . .37

Supportive Statements . . . . . . . . . . . . . . . . . . . . . . . . . .39

Sponsors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

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Joint Statement on Implementation - March 2011

“Implementation of the Declaration should beregarded as a political, moral and legal imperative

without qualification.” Professor James Anaya, United Nations SpecialRapporteur on the rights of indigenous peoples,August 2010 report to the UN General Assembly

Indigenous peoples globally continue to facedispossession of their lands and resources,discrimination, forced assimilation and other gravehuman rights abuses. The United NationsDeclaration on the Rights of Indigenous Peoples1

is the most comprehensive international humanrights instrument to specifically address theireconomic, social, cultural, political, civil, spiritualand environmental rights. In its own words, theDeclaration sets out minimum standards necessaryfor the “dignity, survival and well-being” ofIndigenous peoples.

1 General Assembly Resolution 61/295 (Annex), UN GAOR, 61st Sess., Supp. No. 49, Vol. III, UN Doc. A/61/49 (2008) 15

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The UN General Assembly overwhelminglyadopted the Declaration on 13 September 2007.This historic adoption followed more than twentyyears of deliberation and debate in whichIndigenous peoples worked directly with states toelaborate upon and advance their human rights.This marked the first time within the UN that rightsholders had such a central role in the creation of anew human rights instrument.

The Declaration affirms Indigenous peoples’ rightof self-determination and underlines theprohibition of discrimination and genocide ininternational law. The Declaration calls on states tohonour and respect the Treaties and otheragreements they have entered into with Indigenouspeoples, to protect Indigenous languages andcultures, and to uphold Indigenous peoples’ rightsto lands, territories and resources.

The Declaration affirms the inherent or pre-existing collective human rights of Indigenouspeoples, as well as the human rights of Indigenousindividuals. It provides a framework for justice andreconciliation, applying existing human rights

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standards to the specific historical, cultural andsocial circumstances of Indigenous peoples.

The Declaration reflects a range of human rightsstandards that have emerged over the last threedecades through the work of international andregional human rights bodies as they have dealtwith violations against Indigenous peoples. Manyof these standards, such as the provisions ofinternational human rights conventions orcustomary international law, establish clear legalobligations for states.

As we actively engage with the full and effectiveimplementation of the UN Declaration on theRights of Indigenous Peoples, we urge that:

Governments, in conjunction with Indigenouspeoples, use the Declaration as the basis forreviewing and reforming laws and policies toensure that Indigenous peoples’ rights are upheldwithout discrimination.

Courts and human rights tribunals use theDeclaration as a relevant and persuasive source ininterpreting Indigenous human rights and relatedstate obligations.

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Indigenous peoples and their institutions use theDeclaration as a principled framework foradvancing their rights, in their own policy- anddecision-making and in their negotiations withgovernments and other third parties.

Civil society organizations work cooperativelywith Indigenous peoples, in promoting andimplementing their human rights and maintainingthe Declaration as a living instrument.

Educational institutions include the Declaration intheir curriculum, including teacher training.

Corporations and investors ensure their humanrights policies and business practices incorporatethe standards in the Declaration.

The global consensus that now exists in support ofthe Declaration reinforces its weight as a universalhuman rights instrument. The ongoing andwidespread human rights violations againstIndigenous peoples worldwide underline theurgency of moving ahead with the full andeffective implementation of the Declaration.

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United Nations Declaration on the Rights of Indigenous Peoples

The General Assembly,

Guided by the purposes and principles of theCharter of the United Nations, and good faith inthe fulfilment of the obligations assumed by Statesin accordance with the Charter,

Affirming that indigenous peoples are equal to allother peoples, while recognizing the right of allpeoples to be different, to consider themselvesdifferent, and to be respected as such,

Affirming also that all peoples contribute to thediversity and richness of civilizations and cultures,which constitute the common heritage ofhumankind,

Affirming further that all doctrines, policies andpractices based on or advocating superiority ofpeoples or individuals on the basis of nationalorigin or racial, religious, ethnic or culturaldifferences are racist, scientifically false, legallyinvalid, morally condemnable and socially unjust,

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Reaffirming that indigenous peoples, in theexercise of their rights, should be free fromdiscrimination of any kind,

Concerned that indigenous peoples have sufferedfrom historic injustices as a result of, inter alia,their colonization and dispossession of their lands,territories and resources, thus preventing themfrom exercising, in particular, their right todevelopment in accordance with their own needsand interests,

Recognizing the urgent need to respect andpromote the inherent rights of indigenous peopleswhich derive from their political, economic andsocial structures and from their cultures, spiritualtraditions, histories and philosophies, especiallytheir rights to their lands, territories and resources,

Recognizing also the urgent need to respect andpromote the rights of indigenous peoples affirmedin treaties, agreements and other constructivearrangements with States,

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Welcoming the fact that indigenous peoples areorganizing themselves for political, economic,social and cultural enhancement and in order tobring to an end all forms of discrimination andoppression wherever they occur,

Convinced that control by indigenous peoplesover developments affecting them and their lands,territories and resources will enable them tomaintain and strengthen their institutions, culturesand traditions, and to promote their developmentin accordance with their aspirations and needs,

Recognizing that respect for indigenousknowledge, cultures and traditional practicescontributes to sustainable and equitabledevelopment and proper management of theenvironment,

Emphasizing the contribution of thedemilitarization of the lands and territories ofindigenous peoples to peace, economic and socialprogress and development, understanding andfriendly relations among nations and peoples ofthe world,

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Recognizing in particular the right of indigenousfamilies and communities to retain sharedresponsibility 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 arrangementsbetween States and indigenous peoples are, insome situations, matters of international concern,interest, responsibility and character,

Considering also that treaties, agreements andother constructive arrangements, and therelationship they represent, are the basis for astrengthened partnership between indigenouspeoples and States,

Acknowledging that the Charter of the UnitedNations, the International Covenant on Economic,Social and Cultural Rights2 and the InternationalCovenant on Civil and Political Rights,2 as well as

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2 See resolution 2200 A (XXI), annex.

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the Vienna Declaration and Programme of Action,3

affirm the fundamental importance of the right to self-determination of all peoples, by virtue ofwhich they freely determine their political statusand freely pursue their economic, social andcultural development,

Bearing in mind that nothing in this Declarationmay be used to deny any peoples their right toself-determination, exercised in conformity withinternational law,

Convinced that the recognition of the rights ofindigenous peoples in this Declaration willenhance harmonious and cooperative relationsbetween the State and indigenous peoples, basedon principles of justice, democracy, respect forhuman rights, non-discrimination and good faith,

Encouraging States to comply with and effectivelyimplement all their obligations as they apply toindigenous peoples under internationalinstruments, in particular those related to human

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

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rights, in consultation and cooperation with thepeoples concerned,

Emphasizing that the United Nations has animportant and continuing role to play in promotingand protecting the rights of indigenous peoples,

Believing that this Declaration is a furtherimportant step forward for the recognition,promotion and protection of the rights andfreedoms of indigenous peoples and in thedevelopment of relevant activities of the UnitedNations system in this field,

Recognizing and reaffirming that indigenousindividuals are entitled without discrimination toall human rights recognized in international law,and that indigenous peoples possess collectiverights which are indispensable for their existence,well-being and integral development as peoples,

Recognizing that the situation of indigenouspeoples varies from region to region and fromcountry to country and that the significance ofnational and regional particularities and varioushistorical and cultural backgrounds should be

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taken into consideration,

Solemnly proclaims the following United NationsDeclaration on the Rights of Indigenous Peoples asa standard of achievement to be pursued in a spiritof partnership and mutual respect:

Article 1Indigenous peoples have the right to the fullenjoyment, as a collective or as individuals, of allhuman rights and fundamental freedoms asrecognized in the Charter of the United Nations,the Universal Declaration of Human Rights4 andinternational human rights law.

Article 2Indigenous peoples and individuals are free andequal to all other peoples and individuals andhave the right to be free from any kind ofdiscrimination, in the exercise of their rights, inparticular that based on their indigenous origin oridentity.4 Resolution 217 A (III).

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Article 3Indigenous peoples have the right to self-determination. By virtue of that right they freelydetermine their political status and freely pursuetheir economic, social and cultural development.

Article 4Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal andlocal affairs, as well as ways and means forfinancing their autonomous functions.

Article 5Indigenous peoples have the right to maintain and strengthen their distinct political, legal,economic, social and cultural institutions, whileretaining their right to participate fully, if they sochoose, in the political, economic, social andcultural life of the State.

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Article 6Every indigenous individual has the right to anationality.

Article 71. Indigenous individuals have the rights to life,

physical and mental integrity, liberty andsecurity of person.

2. Indigenous peoples have the collective right tolive in freedom, peace and security as distinctpeoples and shall not be subjected to any act ofgenocide or any other act of violence,including forcibly removing children of thegroup to another group.

Article 81. Indigenous peoples and individuals have the

right not to be subjected to forced assimilationor destruction of their culture.

2. States shall provide effective mechanisms forprevention of, and redress for:

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(a) Any action which has the aim or effect ofdepriving them of their integrity as distinctpeoples, or of their cultural values or ethnicidentities;

(b) Any action which has the aim or effect ofdispossessing them of their lands, territoriesor resources;

(c) Any form of forced population transferwhich has the aim or effect of violating orundermining any of their rights;

(d) Any form of forced assimilation orintegration;

(e) Any form of propaganda designed topromote or incite racial or ethnicdiscrimination directed against them.

Article 9Indigenous 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

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discrimination of any kind may arise from theexercise of such a right.

Article 10Indigenous peoples shall not be forcibly removedfrom their lands or territories. No relocation shalltake place without the free, prior and informedconsent of the indigenous peoples concerned andafter agreement on just and fair compensation and,where possible, with the option of return.

Article 111. Indigenous peoples have the right to practise

and revitalize their cultural traditions andcustoms. This includes the right to maintain,protect and develop the past, present and futuremanifestations of their cultures, such asarchaeological and historical sites, artefacts,designs, ceremonies, technologies and visualand performing arts and literature.

2. States shall provide redress through effectivemechanisms, which may include restitution,

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developed in conjunction with indigenouspeoples, with respect to their cultural,intellectual, religious and spiritual propertytaken without their free, prior and informedconsent or in violation of their laws, traditionsand customs.

Article 121. Indigenous peoples have the right to manifest,

practise, develop and teach their spiritual andreligious traditions, customs and ceremonies;the right to maintain, protect, and have accessin privacy to their religious and cultural sites;the right to the use and control of theirceremonial objects; and the right to therepatriation of their human remains.

2. States shall seek to enable the access and/orrepatriation of ceremonial objects and humanremains in their possession through fair,transparent and effective mechanismsdeveloped in conjunction with indigenouspeoples concerned.

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Article 131. Indigenous peoples have the right to revitalize,

use, develop and transmit to future generationstheir histories, languages, oral traditions,philosophies, writing systems and literatures,and to designate and retain their own names forcommunities, places and persons.

2. States shall take effective measures to ensurethat this right is protected and also to ensurethat indigenous peoples can understand and beunderstood in political, legal and administrativeproceedings, where necessary through theprovision of interpretation or by otherappropriate means.

Article 141. Indigenous peoples have the right to establish

and control their educational systems andinstitutions providing education in their ownlanguages, in a manner appropriate to theircultural methods of teaching and learning.

2. Indigenous individuals, particularly children,

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have the right to all levels and forms ofeducation of the State without discrimination.

3. States shall, in conjunction with indigenouspeoples, take effective measures, in order forindigenous individuals, particularly children,including those living outside theircommunities, to have access, when possible, toan education in their own culture and providedin their own language.

Article 151. Indigenous peoples have the right to the dignity

and diversity of their cultures, traditions,histories and aspirations which shall beappropriately reflected in education and publicinformation.

2. States shall take effective measures, inconsultation and cooperation with theindigenous peoples concerned, to combatprejudice and eliminate discrimination and topromote tolerance, understanding and goodrelations among indigenous peoples and allother segments of society.

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Article 161. Indigenous peoples have the right to establish

their own media in their own languages and tohave access to all forms of non-indigenousmedia without discrimination.

2. States shall take effective measures to ensurethat State-owned media duly reflect indigenouscultural diversity. States, without prejudice toensuring full freedom of expression, shouldencourage privately owned media toadequately reflect indigenous cultural diversity.

Article 171. Indigenous individuals and peoples have the

right to enjoy fully all rights established underapplicable international and domestic labourlaw.

2. States shall in consultation and cooperationwith indigenous peoples take specific measuresto protect indigenous children from economicexploitation and from performing any work thatis likely to be hazardous or to interfere with the

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child’s education, or to be harmful to the child’shealth or physical, mental, spiritual, moral orsocial development, taking into account theirspecial vulnerability and the importance ofeducation for their empowerment.

3. Indigenous individuals have the right not to besubjected to any discriminatory conditions oflabour and, inter alia, employment or salary.

Article 18Indigenous peoples have the right to participate indecision-making in matters which would affecttheir rights, through representatives chosen bythemselves in accordance with their ownprocedures, as well as to maintain and developtheir own indigenous decision-making institutions.

Article 19States shall consult and cooperate in good faithwith the indigenous peoples concerned throughtheir own representative institutions in order toobtain their free, prior and informed consent

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before adopting and implementing legislative oradministrative measures that may affect them.

Article 201. Indigenous peoples have the right to maintain

and develop their political, economic andsocial systems or institutions, to be secure inthe enjoyment of their own means ofsubsistence and development, and to engagefreely in all their traditional and othereconomic activities.

2. Indigenous peoples deprived of their means ofsubsistence and development are entitled tojust and fair redress.

Article 211. Indigenous peoples have the right, without

discrimination, to the improvement of theireconomic and social conditions, including,inter alia, in the areas of education,employment, vocational training and retraining,housing, sanitation, health and social security.

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2. States shall take effective measures and, whereappropriate, special measures to ensurecontinuing improvement of their economic andsocial conditions. Particular attention shall bepaid to the rights and special needs ofindigenous elders, women, youth, children andpersons with disabilities.

Article 221. Particular attention shall be paid to the rights

and special needs of indigenous elders,women, youth, children and persons withdisabilities in the implementation of thisDeclaration.

2. States shall take measures, in conjunction withindigenous peoples, to ensure that indigenouswomen and children enjoy the full protectionand guarantees against all forms of violence anddiscrimination.

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Article 23Indigenous peoples have the right to determineand develop priorities and strategies for exercisingtheir right to development. In particular,indigenous peoples have the right to be activelyinvolved in developing and determining health,housing and other economic and socialprogrammes affecting them and, as far as possible,to administer such programmes through their owninstitutions.

Article 241. Indigenous peoples have the right to their

traditional medicines and to maintain theirhealth practices, including the conservation oftheir vital medicinal plants, animals andminerals. Indigenous individuals also have theright to access, without any discrimination, toall social and health services.

2. Indigenous individuals have an equal right tothe enjoyment of the highest attainablestandard of physical and mental health. Statesshall take the necessary steps with a view to

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achieving progressively the full realization ofthis right.

Article 25Indigenous peoples have the right to maintain andstrengthen their distinctive spiritual relationshipwith their traditionally owned or otherwiseoccupied and used lands, territories, waters andcoastal seas and other resources and to upholdtheir responsibilities to future generations in thisregard.

Article 261. Indigenous peoples have the right to the lands,

territories and resources which they havetraditionally owned, occupied or otherwiseused or acquired.

2. Indigenous peoples have the right to own, use,develop and control the lands, territories andresources that they possess by reason oftraditional ownership or other traditionaloccupation or use, as well as those which they

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have otherwise acquired.

3. States shall give legal recognition andprotection to these lands, territories andresources. Such recognition shall be conductedwith due respect to the customs, traditions andland tenure systems of the indigenous peoplesconcerned.

Article 27States shall establish and implement, inconjunction with indigenous peoples concerned, afair, independent, impartial, open and transparentprocess, giving due recognition to indigenouspeoples’ laws, traditions, customs and land tenuresystems, to recognize and adjudicate the rights ofindigenous peoples pertaining to their lands,territories and resources, including those whichwere traditionally owned or otherwise occupied orused. Indigenous peoples shall have the right toparticipate in this process.

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Article 281. Indigenous peoples have the right to redress, by

means that can include restitution or, when thisis not possible, just, fair and equitablecompensation, for the lands, territories andresources which they have traditionally ownedor otherwise occupied or used, and which havebeen confiscated, taken, occupied, used ordamaged without their free, prior and informedconsent.

2. Unless otherwise freely agreed upon by thepeoples concerned, compensation shall takethe form of lands, territories and resourcesequal in quality, size and legal status or ofmonetary compensation or other appropriateredress.

Article 291. Indigenous peoples have the right to the

conservation and protection of the environmentand the productive capacity of their lands orterritories and resources. States shall establishand implement assistance programmes for

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indigenous peoples for such conservation andprotection, without discrimination.

2. States shall take effective measures to ensurethat no storage or disposal of hazardousmaterials shall take place in the lands orterritories of indigenous peoples without theirfree, prior and informed consent.

3. States shall also take effective measures toensure, as needed, that programmes formonitoring, maintaining and restoring thehealth of indigenous peoples, as developed andimplemented by the peoples affected by suchmaterials, are duly implemented.

Article 301. Military activities shall not take place in the

lands or territories of indigenous peoples,unless justified by a relevant public interest orotherwise freely agreed with or requested bythe indigenous peoples concerned.

2. States shall undertake effective consultationswith the indigenous peoples concerned,

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through appropriate procedures and inparticular through their representativeinstitutions, prior to using their lands orterritories for military activities.

Article 311. Indigenous peoples have the right to maintain,

control, protect and develop their culturalheritage, traditional knowledge and traditionalcultural expressions, as well as themanifestations of their sciences, technologiesand cultures, including human and geneticresources, seeds, medicines, knowledge of theproperties of fauna and flora, oral traditions,literatures, designs, sports and traditional gamesand visual and performing arts. They also havethe right to maintain, control, protect anddevelop their intellectual property over suchcultural heritage, traditional knowledge, andtraditional cultural expressions.

2. In conjunction with indigenous peoples, Statesshall take effective measures to recognize andprotect the exercise of these rights.

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Article 321. Indigenous peoples have the right to determine

and develop priorities and strategies for thedevelopment or use of their lands or territoriesand other resources.

2. States shall consult and cooperate in good faithwith the indigenous peoples concerned throughtheir own representative institutions in order toobtain their free and informed consent prior tothe approval of any project affecting their landsor territories and other resources, particularly inconnection with the development, utilization orexploitation of mineral, water or otherresources.

3. States shall provide effective mechanisms forjust and fair redress for any such activities, andappropriate measures shall be taken to mitigateadverse environmental, economic, social,cultural or spiritual impact.

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Article 331. Indigenous peoples have the right to determine

their own identity or membership inaccordance with their customs and traditions.This does not impair the right of indigenousindividuals to obtain citizenship of the States inwhich they live.

2. Indigenous peoples have the right to determinethe structures and to select the membership oftheir institutions in accordance with their ownprocedures.

Article 34Indigenous peoples have the right to promote,develop and maintain their institutional structuresand their distinctive customs, spirituality,traditions, procedures, practices and, in the caseswhere they exist, juridical systems or customs, inaccordance with international human rightsstandards.

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Article 35Indigenous peoples have the right to determine theresponsibilities of individuals to their communities.

Article 361. Indigenous peoples, in particular those divided

by international borders, have the right tomaintain and develop contacts, relations andcooperation, including activities for spiritual,cultural, political, economic and socialpurposes, with their own members as well asother peoples across borders.

2. States, in consultation and cooperation withindigenous peoples, shall take effectivemeasures to facilitate the exercise and ensurethe implementation of this right.

Article 371. Indigenous peoples have the right to the

recognition, observance and enforcement oftreaties, agreements and other constructivearrangements concluded with States or their

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successors and to have States honour and respectsuch treaties, agreements and other constructivearrangements.

2. Nothing in this Declaration may be interpretedas diminishing or eliminating the rights ofindigenous peoples contained in treaties,agreements and other constructivearrangements.

Article 38States, in consultation and cooperation withindigenous peoples, shall take the appropriatemeasures, including legislative measures, toachieve the ends of this Declaration.

Article 39Indigenous peoples have the right to have accessto financial and technical assistance from Statesand through international cooperation, for theenjoyment of the rights contained in thisDeclaration.

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Article 40Indigenous peoples have the right to access to andprompt decision through just and fair proceduresfor the resolution of conflicts and disputes withStates or other parties, as well as to effectiveremedies for all infringements of their individualand collective rights. Such a decision shall givedue consideration to the customs, traditions, rulesand legal systems of the indigenous peoplesconcerned and international human rights.

Article 41The organs and specialized agencies of the UnitedNations system and other intergovernmentalorganizations shall contribute to the fullrealization of the provisions of this Declarationthrough the mobilization, inter alia, of financialcooperation and technical assistance. Ways andmeans of ensuring participation of indigenouspeoples on issues affecting them shall beestablished.

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Article 42The United Nations, its bodies, including thePermanent Forum on Indigenous Issues, andspecialized agencies, including at the countrylevel, and States shall promote respect for and fullapplication of the provisions of this Declarationand follow up the effectiveness of this Declaration.

Article 43The rights recognized herein constitute theminimum standards for the survival, dignity andwell-being of the indigenous peoples of the world.

Article 44All the rights and freedoms recognized herein areequally guaranteed to male and female indigenousindividuals.

Article 45Nothing in this Declaration may be construed asdiminishing or extinguishing the rights indigenouspeoples have now or may acquire in the future.

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Article 461. Nothing in this Declaration may be interpreted

as implying for any State, people, group orperson any right to engage in any activity or toperform any act contrary to the Charter of theUnited Nations or construed as authorizing orencouraging any action which woulddismember or impair, totally or in part, theterritorial integrity or political unity of sovereignand independent States.

2. In the exercise of the rights enunciated in thepresent Declaration, human rights andfundamental freedoms of all shall be respected.The exercise of the rights set forth in thisDeclaration shall be subject only to suchlimitations as are determined by law and inaccordance with international human rightsobligations. Any such limitations shall be non-discriminatory and strictly necessary solely forthe purpose of securing due recognition andrespect for the rights and freedoms of othersand for meeting the just and most compellingrequirements of a democratic society.

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3. The provisions set forth in this Declaration shallbe interpreted in accordance with theprinciples of justice, democracy, respect forhuman rights, equality, non-discrimination,good governance and good faith.

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Supportive Statements

The tragic and brutal story of what happened to us,especially at the hands of the governments, is wellknown. … But today, with the adoption of theDeclaration on the Rights of Indigenous Peoples bythe United Nations General Assembly, we see theopportunity for a new beginning, for another kindof relationship with States in North America andindeed throughout the world.

Statement of Indigenous Representatives from theNorth American Region, September 13, 2007

Adoption of the Declaration sends a clear messageto the international community that the rights ofIndigenous Peoples are not separate from or lessthan the rights of others, but are an integral andindispensable part of a human rights systemdedicated to the rights of all.

Joint Statement by Amnesty International, Friends World Committee for Consultation(Quakers), International Federation of HumanRights Leagues, International Service for HumanRights, and Rights & Democracy, September 14, 2007

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The Declaration is a visionary step towardsaddressing the human rights of indigenouspeoples. It sets out a framework on which Statescan build or rebuild their relationships withindigenous peoples. ... [I]t provides a momentousopportunity for States and indigenous peoples tostrengthen their relationships, promotereconciliation and ensure that the past is notrepeated.

UN Secretary-General Ban Ki-moon, InternationalDay of World’s Indigenous People, 9 August 2008

The UN Declaration on the Rights of IndigenousPeoples serves as OHCHR’s framework for actionto further the advancement and protection ofindigenous peoples’ rights. The main priority of theOffice is to contribute to the promotion andimplementation of this key instrument, along withrelevant recommendations, comments andobservations of UN human rights treaty bodies,and Special Procedures.

UN Office of the High Commissioner for Human Rights (OHCHR), April 2011

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The Declaration constitutes one of the mostsignificant achievements in this field of humanrights, and we are confident that it will advancethe rights and ensure the continued developmentof indigenous peoples around the world. The EUwas encouraged by the wide support to theDeclaration from Indigenous peoples’representatives, as well as the large number ofStates. … The challenge before us now, is to makesure that the indigenous peoples will in fact enjoythe rights recognised in the Declaration.

Portugal (on behalf of the European Union), Human Rights Council, September 26, 2007

The Declaration contextualizes all existing humanrights for Indigenous Peoples and providestherefore the natural frame of reference for workand debate relating to the promotion of indigenouspeoples’ rights.

Norway, UN Expert Mechanism on the Rights ofIndigenous Peoples, 2009

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Sponsors

First Nations Summitwww.fns.bc.ca

Chiefs of Ontario www.chiefs-of-ontario.org

Grand Council of the Crees (Eeyou Istchee)

www.gcc.ca

Amnesty International Canada www.amnesty.ca

Assembly of First Nations www.afn.ca

Canadian Friends Service Committee(Quakers)

www.quakerservice.ca

Canadian Human Rights Commission

www.chrc-ccdp.ca

continued on next page

Anishinabek Nationwww.anishinabek.ca/

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National Association of Friendship Centres

www.nafc.ca

Public Service Alliance of Canada

www.psac.com

Inuit Tapiriit Kanatami www.itk.ca

KAIROS: Canadian EcumenicalJustice Initiatives

www.kairoscanada.org

Native Women’s Association of Canada

www.nwac.ca

Union of BC Indian Chiefs

www.ubcic.bc.ca

continued from last page

Legacy of Hope

www.legacyofhope.ca

MEFUQ

.CNICEBÉUQUDSENOTHCOTUASEMM.CNINEMOWEVITAATNCEBE

UQ

Quebec Native Women Inc.

www.faq-qnw.org

Inuit Circumpolar Council Canada www.inuitcircumpolar.com