Declaration of Principles Adopted by the Indigenous Peoples - Prep Mtg of UNWGIP July, 1987
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DOCUMENT: INDIGPRN.TXT
U N I T E D N A T I O N S
WORKING GROUP ON INDIGENOUS POPULATIONS
E/CN.4/Sub.2/1987/22
page 30
ANNEX V
DECLARATION OF PRINCIPLES ADOPTED BY THE INDIGENOUS PEOPLES
Preparatory Meeting, held at Geneva 27-31 July 1987
1. Indigenous nations and peoples have, in common with all
humanity, the right to life, and to freedom from oppression,
discrimination, and aggression.
2. All indigenous nations and peoples have the right to self-
determination, by virtue of which they have the right to whatever
degree of autonomy or self-government they choose. This includes the
right to freely determine their political status, freely pursue their
own economic, social, religious and cultural development, and
determine their own membership and/or citizenship, without external
interference.
3. No State shall assert any jurisdiction over an indigenous nation
and people, or its territory, except in accordance with the freely
expressed wishes of the nation and people concerned.
4. Indigenous nations and peoples are entitled to the permanent
control and enjoyment of their aboriginal ancestral-historical
territories. This includes air space, surface and subsurface rights,
inland and coastal waters, sea ice, renewable and non-renewable
resources, and the economies based on these resources.
5. Rights to share and use land, subject to the underlying and
inalienable title of the indigenous nation or people, may be granted
by their free and informed consent, as evidenced in a valid treaty or
agreement.
6. Discovery, conquest, settlement on a theory of terra nullius and
unilateral legislation are never legitimate bases for States to claim
or retain the territories of indigenous nations or peoples.
7. In cases where lands taken in violation of these principles have
already been settled, the indigenous nation or people concerned is
entitled to immediate restitution, including compensation for he loss
of use, without extinction of original title. Indigenous peoples'
right to regain possession and control of sacred sites must always be
respected.
8. No State shall participate financially or militarily in the
involuntary displacement of indigenous populations, or in the
subsequent economic exploitation or military use of their territory.
9. The laws and customs of indigenous nations and peoples must be
recognized by States' legislative, administrative and judicial
institutions and, in case of conflicts with State laws, shall take
precedence.
10. No State shall deny an indigenous nation, community, or people
residing within its borders the right to participate in the life of
the State in whatever manner and to whatever degree they may choose.
This includes the right to participate in other forms of collective
action and expression.
11. Indigenous nations and peoples continue to own and control their
material culture, including archaeological, historical and sacred
sites, artifacts, designs, knowledge, and works of art. They have the
right to regain items of major cultural significance and, in all
cases, to the return of the human remains of their ancestors for
burial according with their traditions.
12. Indigenous nations and peoples have the right to education, and
the control of education, and to conduct business with States in
their own languages, and to establish their own educational
institutions.
13. No technical, scientific or social investigations, including
archaeological excavations, shall take place in relation to
indigenous nations or peoples, or their lands, without their prior
authorization, and their continuing ownership and control.
14. The religious practices of indigenous nations and peoples shall
be fully respected and protected by the laws of States and by
international law. Indigenous nations and peoples shall always enjoy
unrestricted access to, and enjoyment of sacred sites in accordance
with their own laws and customs, including the right of privacy.
15. Indigenous nations and peoples are subjects of international law.
16. Treaties and other agreements freely made with indigenous
nations or peoples shall be recognized and applied in the same manner
and according to the same international laws and principles as
treaties and agreements entered into with other States.
17. Disputes regarding the jurisdiction, territories and
institutions of an indigenous nation or peoples are a proper concern
of international law, and must be resolved by mutual agreement or
valid treaty.
18. Indigenous nations and peoples may engage in self-defence
against State actions in conflict with their right to self-
determination.
19. Indigenous nations and peoples have the right freely to travel,
and to maintain economic, social, cultural and religious relations
with each other across State borders.
20. In addition to these rights, indigenous nations and peoples are
entitled to the enjoyment of all the human rights and fundamental
freedoms enumerated in the International Bill of Human Rights and
other United Nations instruments. In no circumstances shall they be
subjected to adverse discrimination.
21. All indigenous nations and peoples have the right to their own
traditional medicine, including the right to the protection of vital
medicinal plants, animals and minerals. Indigenous nations and
peoples also have the right to benefit from modern medical techniques
and services on a basis equal to that of the general population of
the States within which they are located. Furthermore, all indigenous
nations and peoples have the right to determine, plan, implement, and
control the resources respecting health, housing, and other social
services affecting them.
22. According to the right of self-determination, all indigenous
nations and peoples shall not be obligated to participate in State
military services, including armies, paramilitary or 'civil'
organizations with military structures, within the country or in
international conflicts.
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