UN Draft Universal Declaration on the Rights of Indigenous Peoples, 1993 version E/CN.4/Sub.2/1993/26 - June 1993
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DOCUMENT: DRAFT93.TXT


                  U  N  I  T  E  D     N  A  T  I  O  N  S


                        ECONOMIC AND SOCIAL COUNCIL
                                                   

                                                       Distr.
                                                       GENERAL

                                                       E/CN.4/Sub.2/1993/26
                                                       8 June 1993

                                                       Original:  ENGLISH
 
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
  Discrimination and Protection
  of Minorities
Forty-fifth session
Item 14 of the provisional agenda



                 DISCRIMINATION AGAINST INDIGENOUS PEOPLES

           Draft declaration on the rights of indigenous peoples
           ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

       Revised working paper submitted by the Chairperson-Rapporteur, 
    Ms. Erica-Irene Daes, pursuant to Sub-Commission resolution 1992/33 
             and Commission on Human Rights resolution 1993/31


                                INTRODUCTION
                                ~~~~~~~~~~~~

In its resolution 1992/33 of 27 August 1992, the Sub-Commission on 
Prevention of Discrimination and Protection of Minorities recommended that 
the Chairperson-Rapporteur of the Working Group on Indigenous Populations, 
Ms. Erica-Irene Daes, be entrusted with the task of further elaborating the 
paragraphs of the draft declaration on the rights of indigenous peoples 
which were agreed upon at second reading and circulating these paragraphs 
to the members of the Working Group for their comments. In the same 
resolution the Sub-Commission requested the Secretary-General to transmit 
the revised and reorganized text of the draft declaration, prepared 
pursuant to paragraph 5 of the resolution, to Governments, indigenous 
peoples, and intergovernmental and non-governmental organizations. The 
Commission on Human Rights, in its resolution 1993/31 of 5 March 1993, 
welcomed the recommendation of the Sub-Commission that the Chairperson-
Rapporteur be entrusted with the task of further elaborating the paragraphs 
of the draft declaration which were agreed upon at second reading, taking 
into consideration, _inter alia_, the comments of Governments, indigenous 
people's organizations and other interested parties. The text which follows 
constitutes the revised working paper submitted by the Chairperson-
Rapporteur, Ms. Erica-Irene Daes. 

GE.93-14037   (E)


   PREAMBULAR AND OPERATIVE PARAGRAPHS OF THE DRAFT DECLARATION AS AGREED 
         UPON BY THE MEMBERS OF THE WORKING GROUP AT FIRST READING 
      AND REVISED BY THE CHAIRPERSON-RAPPORTEUR, MS. ERICA-IRENE DAES 

                         FIRST PREAMBULAR PARAGRAPH

      AFFIRMING that indigenous peoples are equal in dignity and rights to 
all other peoples, while recognizing the right of all individuals and 
peoples to be different, to consider themselves different, and to be 
respected as such, 

                        SECOND PREAMBULAR PARAGRAPH 

      CONSIDERING that all peoples contribute to the diversity and richness 
of civilizations and cultures, which constitute the common heritage of 
humankind, 

                         THIRD PREAMBULAR PARAGRAPH 

      REAFFIRMING that all doctrines, policies and practices based on 
racism and racial, religious, ethnic or cultural superiority are 
scientifically false, legally invalid, morally condemnable and socially 
unjust, 

                        FOURTH PREAMBULAR PARAGRAPH 

      REAFFIRMING ALSO that indigenous peoples, in the exercise of their 
rights, should be free from discrimination of any kind, 

                         FIFTH PREAMBULAR PARAGRAPH 

      CONCERNED that many indigenous peoples have been deprived of their 
human rights and fundamental freedoms, resulting, _inter alia_, in the 
dispossession of their lands, territories and resources, as well as in 
their poverty and misery, 

                         SIXTH PREAMBULAR PARAGRAPH 

      RECOGNIZING the urgent need to respect and promote the inherent 
rights and characteristics of indigenous peoples, especially their rights 
to their lands, territories and resources, which derive from their 
cultures, spiritual traditions, histories and philosophies, as well as from 
their political, economic and social structures, 

                        SEVENTH PREAMBULAR PARAGRAPH 

      WELCOMING the fact that indigenous peoples are organizing themselves 
in order to bring an end to all forms of discrimination and oppression 
wherever they occur, 

                        EIGHTH PREAMBULAR PARAGRAPH 

      CONVINCED that increasing the control of indigenous peoples over 
development affecting them and their lands, territories and resources will 
enable them to continue to strengthen their institutions, cultures and 
traditions, as well as to promote their development in accordance with 
their aspirations and needs, 

                         NINTH PREAMBULAR PARAGRAPH 

      RECOGNIZING ALSO that respect for indigenous knowledge and practices 
contributes to sustainable development and management of the environment, 

                         TENTH PREAMBULAR PARAGRAPH 

      EMPHASIZING the need for demilitarization of the lands and 
territories of indigenous peoples, which will contribute to peace, economic 
and social progress and development, understanding and friendly relations 
among nations and peoples of the world, 

                       ELEVENTH PREAMBULAR PARAGRAPH 

      REAFFIRMING the importance of giving special attention to the rights 
and needs of indigenous elders, women, youth, children and disabled, 

                        TWELFTH PREAMBULAR PARAGRAPH 

      RECOGNIZING in particular that it is in the best interest of 
indigenous children for their families and communities to retain shared 
responsibility for their upbringing, training and education, 

                      THIRTEENTH PREAMBULAR PARAGRAPH 

      BELIEVING that indigenous peoples have the right freely to determine 
their relationships with States in a spirit of coexistence, 

                      FOURTEENTH PREAMBULAR PARAGRAPH 

      CONSIDERING that treaties, agreements and other constructive 
arrangements between States and indigenous peoples continue to be matters 
of international concern and responsibility, 

                       FIFTEENTH PREAMBULAR PARAGRAPH 

      NOTING that the International Covenant on Economic, Social and 
Cultural Rights and the International Covenant on Civil and Political 
Rights affirm the fundamental importance of the right of self-determination 
of all peoples, by virtue of which they freely determine their political 
status and freely pursue their economic, social and cultural development, 

                       SIXTEENTH PREAMBULAR PARAGRAPH 

      BEARING IN MIND that nothing in this Declaration may be used as a 
pretext to deny any peoples their right of self-determination, 

                      SEVENTEENTH PREAMBULAR PARAGRAPH 

      ENCOURAGING States to comply with and effectively implement all 
international instruments as they apply to indigenous peoples, in 
consultation and cooperation with the peoples concerned, 

                      EIGHTEENTH PREAMBULAR PARAGRAPH 

      BELIEVING that this Declaration is a first step in 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, 

                      NINETEENTH PREAMBULAR PARAGRAPH 

      SOLEMNLY PROCLAIMS the following Declaration on the Rights of 
Indigenous Peoples: 

                                   PART I 
                                   ~~~~~~

                           OPERATIVE PARAGRAPH 1 

      Indigenous peoples have the right to the full and effective enjoyment 
of all human rights and fundamental freedoms recognized in the Charter of 
the United Nations and in international human rights law; 

                           OPERATIVE PARAGRAPH 2 

      Indigenous peoples are free and equal to all other human beings and 
peoples in dignity and rights, and have the right to be free from 
discrimination of any kind based on their indigenous origin or identity; 

                           OPERATIVE PARAGRAPH 3 

      Indigenous peoples have the right of self-determination, in 
accordance with international law, subject to the same criteria and 
limitations as apply to other peoples in accordance with the Charter of the 
United Nations. By virtue of this, they have the right, _inter alia_, to 
negotiate and agree upon their role in the conduct of public affairs, their 
distinct responsibilities and the means by which they manage their own 
interests. 

      An integral part of this is the right to autonomy and self-
government; 

                           OPERATIVE PARAGRAPH 4 

      Indigenous peoples have the right to participate fully in the 
political, economic, social and cultural life of the State while 
maintaining their distinct political, economic, social and cultural 
characteristics; 


                                  PART II 
                                  ~~~~~~~

                           OPERATIVE PARAGRAPH 5 

      Indigenous peoples have the collective right to exist in peace and 
security as distinct peoples and to be protected against any type of 
genocide. 

      Consequently, they have the individual rights to life, physical and 
mental integrity, liberty and security of person; 

                           OPERATIVE PARAGRAPH 6 

      Indigenous peoples have the collective and individual right to be 
protected against ethnocide and cultural genocide, including the prevention 
of and redress for: 

      (a)  Removal of indigenous children from their families and 
           communities under any pretext; 

      (b)  Any action which has the aim or effect of depriving them of 
           their integrity as distinct societies, or of their cultural or 
           ethnic characteristics or identities; 

      (c)  Any form of forced assimilation or integration by imposition of 
           other cultures or ways of life; 

      (d)  Dispossession of their lands, territories or resources; 

      (e)  Any propaganda directed against them; 

                           OPERATIVE PARAGRAPH 7 

      Indigenous peoples have the collective and individual right to 
maintain and develop their distinct characteristics and identities, 
including the right to identify themselves as indigenous; 

                           OPERATIVE PARAGRAPH 8 

      The right of an indigenous person to belong to an indigenous nation 
or community is a matter of his or her individual choice and no 
disadvantage of any kind may arise from the exercise of such a choice; 

                           OPERATIVE PARAGRAPH 9 

      Indigenous peoples shall not be forcibly removed from their lands or 
territories. Where relocation occurs, it shall be with the free and 
informed consent of the indigenous peoples concerned and after agreement on 
just and fair compensation and, where possible, with the option of return; 

                           OPERATIVE PARAGRAPH 10 

      Indigenous peoples have the right to special protection and security 
in periods of armed conflict. States shall observe international standards 
for the protection of civilian populations in circumstances of emergency 
and armed conflict, and shall not: 

      (a)  Recruit indigenous people against their will into the armed 
           forces and, in particular, for use against other indigenous 
           peoples; 

      (b)  Recruit indigenous children into the armed forces under any 
           circumstances; 

      (c)  Force indigenous people to abandon their lands and territories 
           and means of subsistence and relocate them in special centres 
           for military purposes; 


                                  PART III 
                                  ~~~~~~~~

                           OPERATIVE PARAGRAPH 11 

      Indigenous peoples have the right to revitalize and practise their 
cultural traditions. This includes the right to maintain, protect and 
develop the past, present and future manifestations of their cultures, such 
as archeological and historical sites and structures, artefacts, designs, 
ceremonies, technologies and visual and performing arts and literatures, as 
well as the right to the restitution of cultural, religious and spiritual 
property taken without their free and informed consent or in violation of 
their laws; 

                           OPERATIVE PARAGRAPH 12 

      Indigenous peoples have the right to manifest, practise and teach 
their spiritual and religious traditions, customs and ceremonies; the right 
to maintain, protect, and have access in privacy to religious and cultural 
sites; the right to the use and control of ceremonial objects; and the 
right to the repatriation of human remains. States shall take effective 
measures to preserve, respect and protect the sacred places and cemeteries 
of indigenous peoples; 

                           OPERATIVE PARAGRAPH 13 

      Indigenous peoples have the right to revitalize, use, develop and 
transmit to future generations their languages, oral traditions, writing 
systems and literatures, and to designate and maintain their own names for 
communities, places and persons. States shall take effective measures 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; 


                                  PART  IV 
                                  ~~~~~~~~

                            OPERATIVE PARAGRAPH 

      Indigenous peoples have the right to all levels and forms of 
education, including access to education in their own languages, and the 
right to establish and control their educational systems and institutions; 

                           OPERATIVE PARAGRAPH 15 

      Indigenous peoples have the right to have the dignity and diversity 
of their cultures, traditions, histories and aspirations reflected in all 
forms of education and public information. States shall take effective 
measures, in consultation with indigenous peoples, to eliminate prejudice 
and to promote tolerance, understanding and good relations; 

                           OPERATIVE PARAGRAPH 16 

      Indigenous peoples have the right to the use of and access to all 
forms of media in their own languages; 


                                   PART V 
                                   ~~~~~~

                           OPERATIVE PARAGRAPH 17 

      Indigenous peoples have the right to participate fully at all levels 
of decision-making in matters which may affect their rights, lives and 
destinies through representatives chosen by themselves in accordance with 
their own procedures; 

                           OPERATIVE PARAGRAPH 18 

      Indigenous peoples have the right to participate fully, through 
procedures determined in consultation with them, in devising legislative 
and administrative measures that may affect them. States shall obtain the 
free and informed consent of the peoples concerned before implementing such 
measures; 

                           OPERATIVE PARAGRAPH 19 

      Indigenous peoples have the right to maintain and develop their 
economic and social systems, to be secure in the enjoyment of their own 
means of subsistence, and to engage freely in their traditional and other 
economic activities, including hunting, fishing, herding, gathering, 
forestry and cultivation. Indigenous peoples who have been deprived of 
their means of subsistence are entitled to Just and fair compensation; 

                           OPERATIVE PARAGRAPH 20 

      Indigenous peoples have the right to special measures for the 
immediate, effective and continuing improvement of their economic and 
social conditions, including in the areas of employment, vocational 
training and retraining, housing, health and social security. 

      Attention shall be paid to the special needs of indigenous elders, 
women, youth, children and disabled; 

                           OPERATIVE PARAGRAPH 21 

      Indigenous peoples have the right to determine and develop priorities 
and strategies for their development. In particular, indigenous peoples 
have the right to determine and develop all health, housing and other 
economic and social programmes affecting them and, as far as possible, to 
administer such programmes through their own institutions; 

                           OPERATIVE PARAGRAPH 22 

      Indigenous peoples have the right to their traditional medicines and 
health practices, including the right to the protection of vital medicinal 
plants, animals, and minerals; 


                                  PART VI 
                                  ~~~~~~~

                           OPERATIVE PARAGRAPH 23 

      Indigenous peoples have the right to recognition of their distinctive 
and profound relationship with their lands and territories. The use of the 
term "lands and territories" in this Declaration means the total 
environment of the lands, air, water, sea, sea-ice, flora and fauna and 
other resources which indigenous peoples have traditionally owned or 
otherwise occupied or used; 

                           OPERATIVE PARAGRAPH 24 

      Indigenous peoples have the collective and individual right to own, 
control and use their lands and territories. This includes the right to the 
full recognition of their laws and customs, land-tenure systems and 
institutions for the management of resources, and the right to effective 
measures by States to prevent any interference with or encroachment upon 
these rights; 

                           OPERATIVE PARAGRAPH 25 

      Indigenous peoples have the right to the restitution of lands and 
territories which have been confiscated, occupied, used or damaged without 
their free and informed consent and, where this is not possible, to just 
and fair compensation. Unless otherwise freely agreed upon by the peoples 
concerned, compensation shall take the form of lands and territories at 
least equal in quality, size and legal status; 

                           OPERATIVE PARAGRAPH 26 

      Indigenous peoples have the right to the recreation and protection of 
the total environment and the productive capacity of their lands and 
territories, as well as to assistance for this purpose from States and 
through international cooperation. Military activities and the storage or 
disposal of hazardous materials shall not take place in the lands and 
territories of indigenous peoples, unless otherwise freely agreed upon by 
the peoples concerned; 

                           OPERATIVE PARAGRAPH 27 

      Indigenous peoples have the right to special measures to protect, as 
intellectual property, their sciences, technologies and cultural 
manifestations, including genetic resources, seeds, medicines, knowledge of 
the properties of fauna and flora, oral traditions, literatures, designs 
and visual and performing arts; 

                           OPERATIVE PARAGRAPH 28 

      Indigenous peoples have the right to require that States obtain their 
free and informed consent prior to the commencement of any projects on 
their lands and territories, particularly in connection with natural 
resource development or exploitation of mineral or other subsurface 
resources. Pursuant to agreement with the indigenous peoples concerned, 
just and fair compensation shall be provided for any such activities and 
measures taken to mitigate adverse environmental, economic, social, 
cultural or spiritual impact; 


                                  PART VII 
                                  ~~~~~~~~

                           OPERATIVE PARAGRAPH 29 

      Indigenous peoples have the right to autonomy and self-government in 
matters relating to their internal and local affairs, including culture, 
religion, education, information, media, health, housing, employment, 
social welfare, economic activities, land and resources management, 
environment and entry by non-members, as well as internal taxation for 
financing these autonomous functions; 

                           OPERATIVE PARAGRAPH 30 

      Indigenous peoples have the right to determine the structures and to 
select the membership of their autonomous or self-governing institutions in 
accordance with their own procedures; 

                           OPERATIVE PARAGRAPH 31 

      Indigenous peoples have the right to retain and develop their 
customs, laws and legal systems, in a manner not incompatible with 
universally recognized human rights and fundamental freedoms, and to have 
these recognized in the legal system and political institutions of the 
State; 

                           OPERATIVE PARAGRAPH 32 

      Indigenous peoples have the right to determine the responsibilities 
of individuals to their communities in a manner not incompatible with 
universally recognized human rights and fundamental freedoms; 

                           OPERATIVE PARAGRAPH 33 

      Indigenous peoples have the right to maintain and develop contacts, 
relations and cooperation, including activities for spiritual, cultural, 
political, economic and social purposes, with other indigenous peoples 
across borders; 

                           OPERATIVE PARAGRAPH 34 

      Indigenous peoples have the right to the observance and enforcement 
of treaties, agreements and other constructive arrangements concluded with 
States or their successors, according to their original intent. Upon the 
request of the indigenous peoples concerned, States shall provide for the 
submission of disputes which cannot otherwise be settled to competent 
international bodies; 


                                 PART VIII 
                                 ~~~~~~~~~

                           OPERATIVE PARAGRAPH 35 

      States shall take effective and appropriate measures, in consultation 
with the indigenous peoples concerned, to give full effect to the 
provisions of this Declaration. The rights contained herein shall be 
adopted and included in national legislation in such a manner that 
indigenous peoples can avail themselves of such rights in practice; 

                           OPERATIVE PARAGRAPH 36 

      Indigenous peoples have the right to adequate financial and technical 
assistance, from States and through international cooperation, to pursue 
freely their political, economic, social, cultural and spiritual 
development, and for the enjoyment of the rights and freedoms contained in 
this Declaration; 

                           OPERATIVE PARAGRAPH 37 

      Indigenous peoples have the right to have access to and prompt 
decision through mutually acceptable and fair procedures for the resolution 
of conflicts and disputes with States, as well as to effective remedies for 
all infringements of their individual and collective rights; 

                           OPERATIVE PARAGRAPH 38 

      The organs and specialized agencies of the United Nations system 
shall contribute to the full realization of the provisions of this 
Declaration through the mobilization, _inter alia_, of financial and 
technical cooperation; 

                           OPERATIVE PARAGRAPH 39 

      The United Nations shall monitor the implementation of this 
Declaration through a body at the highest level with special competence in 
this field and with the direct participation of indigenous peoples. United 
Nations human rights bodies shall promote respect for the provisions of 
this Declaration; 


                                  PART IX 
                                  ~~~~~~~

                           OPERATIVE PARAGRAPH 40 

      The rights contained herein constitute the minimum standards for the 
survival and well-being of the indigenous peoples of the world; 

                           OPERATIVE PARAGRAPH 41 

      Nothing in this Declaration may be interpreted as diminishing or 
extinguishing existing or future rights indigenous peoples may have or 
acquire; 

                           OPERATIVE PARAGRAPH 42 

      Nothing in this Declaration may be interpreted as implying for any 
State, group or person any right to engage in any activity or to perform 
any act contrary to the Charter of the United Nations or to the Declaration 
on Principles of International Law concerning Friendly Relations and 
Cooperation among States in accordance with the Charter of the United 
Nations. 

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