110TH CONGRESS - 1ST SESSION S. J. RES. 4
To acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2007 Mr. BROWNBACK, (for himself, Mr. INOUYE, Ms. CANTWELL, Mr. DODD, Ms. LANDRIEU, and Mr. CRAPO) introduced the following joint resolution; which was read twice and referred to the Committee on Indian Affairs
JOINT RESOLUTION
To acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.
Whereas the ancestors of today’s Native Peoples inhabited the land of the present-day United States since time immemorial and for thousands of years before the arrival of peoples of European descent;
Whereas the Native Peoples have for millennia honored, protected, and stewarded this land we cherish;
Whereas the Native Peoples are spiritual peoples with a deep and abiding belief in the Creator, and for millennia their peoples have maintained a powerful spiritual connection to this land, as is evidenced by their customs and legends;
Whereas the arrival of Europeans in North America opened a new chapter in the histories of the Native Peoples;
Whereas, while establishment of permanent European settlements in North America did stir conflict with nearby Indian tribes, peaceful and mutually beneficial interactions also took place;
Whereas the foundational English settlements in Jamestown, Virginia, and Plymouth, Massachusetts, owed their survival in large measure to the compassion and aid of the Native Peoples in their vicinities;
Whereas in the infancy of the United States, the founders of the Republic expressed their desire for a just relationship with the Indian tribes, as evidenced by the Northwest Ordinance enacted by Congress in 1787, which begins with the phrase, ‘‘The utmost good faith shall always be observed toward the Indians’’;
Whereas Indian tribes provided great assistance to the fledgling Republic as it strengthened and grew, including invaluable help to Meriwether Lewis and William Clark on their epic journey from St. Louis, Missouri, to the Pacific Coast;
Whereas Native Peoples and non-Native settlers engaged in numerous armed conflicts;
Whereas the United States Government violated many of the treaties ratified by Congress and other diplomatic agreements with Indian tribes;
Whereas this Nation should address the broken treaties and many of the more ill-conceived Federal policies that followed, such as extermination, termination, forced removal and relocation, the outlawing of traditional religions, and the destruction of sacred places;
Whereas the United States forced Indian tribes and their citizens to move away from their traditional homelands and onto federally established and controlled reservations, in accordance with such Acts as the Indian Removal Act of 1830;
Whereas many Native Peoples suffered and perished—
(1) during the execution of the official United States Government policy of forced removal, including the infamous Trail of Tears and Long Walk;
(2) during bloody armed confrontations and massacres, such as the Sand Creek Massacre in 1864 and the Wounded Knee Massacre in 1890; and
(3) on numerous Indian reservations;
Whereas the United States Government condemned the traditions, beliefs, and customs of the Native Peoples and endeavored to assimilate them by such policies as the redistribution of land under the General Allotment Act of 1887 and the forcible removal of Native children from their families to faraway boarding schools where their Native practices and languages were degraded and forbidden;
Whereas officials of the United States Government and private United States citizens harmed Native Peoples by the unlawful acquisition of recognized tribal land and the theft of tribal resources and assets from recognized tribal land;
Whereas the policies of the United States Government toward Indian tribes and the breaking of covenants with Indian tribes have contributed to the severe social ills and economic troubles in many Native communities today;
Whereas, despite the wrongs committed against Native Peoples by the United States, the Native Peoples have remained committed to the protection of this great land, as evidenced by the fact that, on a per capita basis, more Native people have served in the United States Armed Forces and placed themselves in harm’s way in defense of the United States in every major military conflict than any other ethnic group;
Whereas Indian tribes have actively influenced the public life of the United States by continued cooperation with Congress and the Department of the Interior, through the involvement of Native individuals in official United States Government positions, and by leadership of their own sovereign Indian tribes;
Whereas Indian tribes are resilient and determined to preserve, develop, and transmit to future generations their unique cultural identities;
Whereas the National Museum of the American Indian was established within the Smithsonian Institution as a living memorial to the Native Peoples and their traditions; and
Whereas Native Peoples are endowed by their Creator with certain unalienable rights, and that among those are life, liberty, and the pursuit of happiness: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. ACKNOWLEDGMENT AND APOLOGY.
The United States, acting through Congress— (1) recognizes the special legal and political relationship the Indian tribes have with the United States and the solemn covenant with the land we share; (2) commends and honors the Native Peoples for the thousands of years that they have stewarded and protected this land; (3) recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by the United States Government regarding Indian tribes; (4) apologizes on behalf of the people of the United States to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted on Native Peoples by citizens of the United States; (5) expresses its regret for the ramifications of former wrongs and its commitment to build on the positive relationships of the past and present to move toward a brighter future where all the people of this land live reconciled as brothers and sisters, and harmoniously steward and protect this land together; (6) urges the President to acknowledge the wrongs of the United States against Indian tribes in the history of the United States in order to bring healing to this land by providing a proper foundation for reconciliation between the United States and Indian tribes; and (7) commends the State governments that have begun reconciliation efforts with recognized Indian tribes located in their boundaries and encourages all State governments similarly to work toward reconciling relationships with Indian tribes within their boundaries.
SEC. 2. DISCLAIMER.
Nothing in this Joint Resolution— (1) authorizes or supports any claim against the United States; or (2) serves as a settlement of any claim against the United States.
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STATEMENT BY THE CHAIRMAN - GLOBAL INDIGENOUS CAUCUS
By Les Malezer, 13 September 2007
The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations marks a momentous and historic occasion for both Indigenous Peoples and the United Nations. One quarter of a century ago the United Nations agreed that the situation of indigenous peoples around the world was so desperate and consistently exploited, that it warranted international attention. Within a few years of brief examination and assessment, the United Nations decided that a human rights standard on the rights of indigenous peoples was required. Simultaneously, the indigenous peoples of the world were uniting, because of our increasing capacity to communicate to each other, but also out of necessity to achieve an international voice. Together we found out that Indigenous Peoples around the world shared a common situation of loss of control of our lands, territories and resources and a history of colonization.
The Declaration, as a deposition, represents a meeting of authorities, i.e. the United Nations and the indigenous peoples. Today's adoption of the Declaration occurs because the United Nations and the Indigenous Peoples have found the common will to achieve this outcome. The Declaration does not represent solely the viewpoint of the United Nations, nor does it represent solely the viewpoint of the Indigenous Peoples. It is a Declaration which combines our views and interests and which sets the framework for the future. It is a tool for peace and justice, based upon mutual recognition and mutual respect.
We emphasize once again that the Declaration on the Rights of Indigenous Peoples contains no new provisions of human rights. It affirms many rights already contained in international human rights treaties, but rights which have been denied to the Indigenous Peoples. As Indigenous Peoples we now see a guarantee that our rights to self determination, to our lands and territories, to our cultural identities, to our own representation and to our values and beliefs will be respected at the international level.
The Declaration is a framework for States to link and integrate with the Indigenous Peoples, to initiate new and positive relations but this time without exclusion, without discrimination and without exploitation. These rights in the Declaration are already recognized in international law, but they are rights which have been denied to Indigenous Peoples everywhere. They are rights which are seen by Indigenous Peoples as essential to our successful survival, dignity and well-being, and to maintain our strong cultural and spiritual relationship with mother earth and nature. It has, after all, been our determination to defend our identity and our lands, territories and resources which has helped to protect and preserve the biological diversity of the world, the cultural diversity of the world, and the environmental stability of the world. These are the very issues that governments are now so desperately trying to address, as matters requiring of emergency, recovery actions.
The Declaration carries a message for all States that have links and association with Indigenous Peoples. That message is not about secession, as some States may fear, but about co-operation and partnership to ensure that all individuals, regardless of race or beliefs, are truly equal and that all peoples are respected and allowed to develop. Indigenous Peoples' right to self-determination is about our right to freely determine our political status and freely pursue our economic, social and cultural development. It also includes our right to freely manage our natural wealth and resources for mutual benefit, and our right to maintain and protect our own means of subsistence.
'Free, prior and informed consent' is what we demand as part of self-determination and non-discrimination from governments, multinationals and private sector. We realize that a number of States have insisted that the Declaration affirm 'territorial integrity' (which by the way is not a human right) as defined in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and in the Vienna Declaration. We confirm that 'territorial integrity' in fact obligates every State to promote realization of the principle of equal rights and self-determination of peoples, and to bring a speedy end to colonialism, with due regard to the freely expressed will of the peoples concerned.
'Territorial integrity' also requires that a State represent the whole people without distinction, and reaffirms that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and is contrary to the Charter. The Declaration ensures treaties signed between Indigenous Peoples and States are respected and honoured. This provision in the Declaration is extremely important for Indigenous Peoples who have always placed much importance upon the integrity and truthfulness of historical treaties, for these treaties may contain special rights and economic and political agreements with States. However it is important that we keep focus on the integrity of the Declaration, noting how each article is meant to be interpreted in conjunction with the entire Declaration, its principles and its purposes.
We are also assured by Article 46(3) that states: "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." Now that the Declaration has been adopted by the General Assembly, Indigenous Peoples can reasonably expect that the States will, if they do not already have such a relationship, form a collaborative and cooperative relationship with the representatives of the indigenous peoples to ensure that the rights contained in the Declaration are protected and promoted. In 2004 the General Assembly resolution 59/174 called upon Governments to ensure that activities and objectives for the Second Decade [of indigenous peoples] are planned and implemented on the basis of full consultation and collaboration with indigenous people. The programme of action, approved by consensus by the General Assembly in December 2005, urged governments to launch a review of national legislations to eliminate possible discriminatory provisions with the full and effective participation of indigenous experts.
The Programme of Action recommends that national constitutions should recognize the existence of indigenous peoples and make explicit reference to them, where relevant, and that governments should consider integrating traditional systems of justice into national legislations in conformity with international human rights law and international standards of justice. This is the challenge for the future. With a Declaration now in place, affirming the rights of Indigenous Peoples, it will be important that States respond positively. The Declaration gives us the platform for addressing the continuing abuses of human rights against Indigenous Peoples and for shaping a future where it can be realized that all peoples are truly equal.
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United Nations A/61/L.67- General Assembly
Distr.: Limited7 September 2007
*0749830* Sixty-first session Agenda item 68
Report of the Human Rights CouncilBelgium, Bolivia, Costa Rica, Cuba, Denmark, Dominican Republic, Ecuador,Estonia, Finland, Germany, Greece, Guatemala, Hungary, Latvia, Nicaragua,Peru, Portugal, Slovenia and Spain: draft resolution
United Nations Declaration on the Rights of Indigenous Peoples
The General Assembly,Taking note of the recommendation of the Human Rights Council contained inits resolution 1/2 of 29 June 2006, by which the Council adopted the text of theUnited Nations Declaration on the Rights of Indigenous Peoples,Recalling its resolution 61/178 of 20 December 2006, by which it decided todefer consideration of and action on the Declaration to allow time for furtherconsultations thereon, and also decided to conclude its consideration before the endof the sixty-first session of the General Assembly,Adopts the United Nations Declaration on the Rights of Indigenous Peoples ascontained in the annex to the present resolution.A/61/L.672 07-49830AnnexUnited Nations Declaration on the Rights of Indigenous PeoplesThe 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 accordancewith the Charter,Affirming that indigenous peoples are equal to all other peoples, whilerecognizing the right of all peoples to be different, to consider themselves different,and to be respected as such,Affirming also that all peoples contribute to the diversity and richness ofcivilizations and cultures, which constitute the common heritage of humankind,Affirming further that all doctrines, policies and practices based on oradvocating superiority of peoples or individuals on the basis of national origin orracial, religious, ethnic or cultural differences are racist, scientifically false, legallyinvalid, morally condemnable and socially unjust,Reaffirming that indigenous peoples, in the exercise of their rights, should befree from discrimination of any kind,Concerned that indigenous peoples have suffered from historic injustices as aresult of, inter alia, their colonization and dispossession of their lands, territoriesand resources, thus preventing them from exercising, in particular, their right todevelopment in accordance with their own needs and interests,Recognizing the urgent need to respect and promote the inherent rights ofindigenous peoples which derive from their political, economic and social structuresand from their cultures, spiritual traditions, histories and philosophies, especiallytheir rights to their lands, territories and resources,Recognizing also the urgent need to respect and promote the rights ofindigenous peoples affirmed in treaties, agreements and other constructivearrangements with States,Welcoming the fact that indigenous peoples are organizing themselves forpolitical, economic, social and cultural enhancement and in order to bring to an endall forms of discrimination and oppression wherever they occur,Convinced that control by indigenous peoples over developments affectingthem and their lands, territories and resources will enable them to maintain andstrengthen their institutions, cultures and traditions, and to promote theirdevelopment in accordance with their aspirations and needs,Recognizing that respect for indigenous knowledge, cultures and traditionalpractices contributes to sustainable and equitable development and propermanagement of the environment,Emphasizing the contribution of the demilitarization of the lands andterritories of indigenous peoples to peace, economic and social progress anddevelopment, understanding and friendly relations among nations and peoples of theworld,A/61/L.6707-49830 3Recognizing in particular the right of indigenous families and communities toretain shared responsibility for the upbringing, training, education and well-being oftheir children, consistent with the rights of the child,Considering that the rights affirmed in treaties, agreements and otherconstructive arrangements between States and indigenous peoples are, in somesituations, matters of international concern, interest, responsibility and character,Considering also that treaties, agreements and other constructivearrangements, and the relationship they represent, are the basis for a strengthenedpartnership between indigenous peoples and States,Acknowledging that the Charter of the United Nations, the InternationalCovenant on Economic, Social and Cultural Rights1 and the International Covenanton Civil and Political Rights as well as the Vienna Declaration and Programme ofAction,2 affirm the fundamental importance of the right to self-determination of allpeoples, by virtue of which they freely determine their political status and freelypursue their economic, social and cultural development,Bearing in mind that nothing in this Declaration may be used to deny anypeoples their right to self-determination, exercised in conformity with internationallaw,Convinced that the recognition of the rights of indigenous peoples in thisDeclaration will enhance harmonious and cooperative relations between the Stateand indigenous peoples, based on principles of justice, democracy, respect forhuman rights, non-discrimination and good faith,Encouraging States to comply with and effectively implement all theirobligations as they apply to indigenous peoples under international instruments, inparticular those related to human rights, in consultation and cooperation with thepeoples concerned,Emphasizing that the United Nations has an important and continuing role toplay in promoting and protecting the rights of indigenous peoples,Believing that this Declaration is a further important step forward for therecognition, promotion and protection of the rights and freedoms of indigenouspeoples and in the development of relevant activities of the United Nations systemin this field,Recognizing and reaffirming that indigenous individuals are entitled withoutdiscrimination to all human rights recognized in international law, and thatindigenous peoples possess collective rights which are indispensable for theirexistence, well-being and integral development as peoples,Recognizing also that the situation of indigenous peoples varies from region toregion and from country to country and that the significance of national and regionalparticularities and various historical and cultural backgrounds should be taken intoconsideration,__________________1 See resolution 2200 A (XXI), annex.2 A/CONF.157/24 (Part I), chap. III.A/61/L.674 07-49830Solemnly proclaims the following United Nations Declaration on the Rights ofIndigenous Peoples as a standard of achievement to be pursued in a spirit ofpartnership and mutual respect:Article 1Indigenous peoples have the right to the full enjoyment, as a collective or asindividuals, of all human rights and fundamental freedoms as recognized in theCharter of the United Nations, the Universal Declaration of Human Rights3 andinternational human rights law.Article 2Indigenous peoples and individuals are free and equal to all other peoples andindividuals and have the right to be free from any kind of discrimination, in theexercise of their rights, in particular that based on their indigenous origin oridentity.Article 3Indigenous peoples have the right to self-determination. By virtue of that rightthey freely determine their political status and freely pursue their economic, socialand cultural development.Article 4Indigenous peoples, in exercising their right to self-determination, have theright to autonomy or self-government in matters relating to their internal and localaffairs, as well as ways and means for financing their autonomous functions.Article 5Indigenous peoples have the right to maintain and strengthen their distinctpolitical, legal, economic, social and cultural institutions, while retaining their rightto participate fully, if they so choose, in the political, economic, social and culturallife of the State.Article 6Every indigenous individual has the right to a nationality.Article 71. Indigenous individuals have the rights to life, physical and mentalintegrity, liberty and security of person.2. Indigenous peoples have the collective right to live in freedom, peaceand security as distinct peoples and shall not be subjected to any act of genocide orany other act of violence, including forcibly removing children of the group toanother group.__________________3 Resolution 217 A (III).A/61/L.6707-49830 5Article 81. Indigenous peoples and individuals have the right not to be subjected toforced assimilation or destruction of their culture.2. States shall provide effective mechanisms for prevention of, and redressfor:(a) Any action which has the aim or effect of depriving them of theirintegrity as distinct peoples, or of their cultural values or ethnic identities;(b) Any action which has the aim or effect of dispossessing them of theirlands, territories or resources;(c) Any form of forced population transfer which has the aim or effect ofviolating 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 ethnicdiscrimination directed against them.Article 9Indigenous peoples and individuals have the right to belong to an indigenouscommunity or nation, in accordance with the traditions and customs of thecommunity or nation concerned. No discrimination of any kind may arise from theexercise of such a right.Article 10Indigenous peoples shall not be forcibly removed from their lands orterritories. No relocation shall take place without the free, prior and informedconsent of the indigenous peoples concerned and after agreement on just and faircompensation and, where possible, with the option of return.Article 111. Indigenous peoples have the right to practise and revitalize their culturaltraditions and customs. This includes the right to maintain, protect and develop thepast, present and future manifestations of their cultures, such as archaeological andhistorical sites, artefacts, designs, ceremonies, technologies and visual andperforming arts and literature.2. States shall provide redress through effective mechanisms, which mayinclude restitution, developed in conjunction with indigenous peoples, with respectto their cultural, intellectual, religious and spiritual property taken without theirfree, prior and informed consent or in violation of their laws, traditions and customs.Article 121. Indigenous peoples have the right to manifest, practice, develop andteach their spiritual and religious traditions, customs and ceremonies; the right tomaintain, protect, and have access in privacy to their religious and cultural sites; theright to the use and control of their ceremonial objects; and the right to therepatriation of their human remains.A/61/L.676 07-498302. States shall seek to enable the access and/or repatriation of ceremonialobjects and human remains in their possession through fair, transparent and effectivemechanisms developed in conjunction with indigenous peoples concerned.Article 131. Indigenous peoples have the right to revitalize, use, develop and transmitto future generations their histories, languages, oral traditions, philosophies, writingsystems and literatures, and to designate and retain their own names forcommunities, places and persons.2. States shall take effective measures to ensure that this right is protectedand also to ensure that indigenous peoples can understand and be understood inpolitical, legal and administrative proceedings, where necessary through theprovision of interpretation or by other appropriate means.Article 141. Indigenous peoples have the right to establish and control theireducational systems and institutions providing education in their own languages, ina manner appropriate to their cultural methods of teaching and learning.2. Indigenous individuals, particularly children, have the right to all levelsand forms of education of the State without discrimination.3. States shall, in conjunction with indigenous peoples, take effectivemeasures, in order for indigenous individuals, particularly children, including thoseliving outside their communities, to have access, when possible, to an education intheir own culture and provided in their own language.Article 151. Indigenous peoples have the right to the dignity and diversity of theircultures, traditions, histories and aspirations which shall be appropriately reflectedin education and public information.2. States shall take effective measures, in consultation and cooperation withthe indigenous peoples concerned, to combat prejudice and eliminate discriminationand to promote tolerance, understanding and good relations among indigenouspeoples and all other segments of society.Article 161. Indigenous peoples have the right to establish their own media in theirown languages and to have access to all forms of non-indigenous media withoutdiscrimination.2. States shall take effective measures to ensure that State-owned mediaduly reflect indigenous cultural diversity. States, without prejudice to ensuring fullfreedom of expression, should encourage privately owned media to adequatelyreflect indigenous cultural diversity.A/61/L.6707-49830 7Article 171. Indigenous individuals and peoples have the right to enjoy fully all rightsestablished under applicable international and domestic labour law.2. States shall in consultation and cooperation with indigenous peoples takespecific measures to protect indigenous children from economic exploitation andfrom performing any work that is likely to be hazardous or to interfere with thechild’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 theimportance of education for their empowerment.3. Indigenous individuals have the right not to be subjected to anydiscriminatory conditions of labour and, inter alia, employment or salary.Article 18Indigenous peoples have the right to participate in decision-making in matterswhich would affect their rights, through representatives chosen by themselves inaccordance with their own procedures, as well as to maintain and develop their ownindigenous decision-making institutions.Article 19States shall consult and cooperate in good faith with the indigenous peoplesconcerned through their own representative institutions in order to obtain their free,prior and informed consent 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 and social systems or institutions, to be secure in the enjoyment of theirown means of subsistence and development, and to engage freely in all theirtraditional and other economic activities.2. Indigenous peoples deprived of their means of subsistence anddevelopment are entitled to just and fair redress.Article 211. Indigenous peoples have the right, without discrimination, to theimprovement of their economic and social conditions, including, inter alia, in theareas of education, employment, vocational training and retraining, housing,sanitation, health and social security.2. States shall take effective measures and, where appropriate, specialmeasures to ensure continuing improvement of their economic and socialconditions. Particular attention shall be paid to the rights and special needs ofindigenous elders, women, youth, children and persons with disabilities.A/61/L.678 07-49830Article 221. Particular attention shall be paid to the rights and special needs ofindigenous elders, women, youth, children and persons with disabilities in theimplementation of this Declaration.2. States shall take measures, in conjunction with indigenous peoples, toensure that indigenous women and children enjoy the full protection and guaranteesagainst all forms of violence and discrimination.Article 23Indigenous peoples have the right to determine and develop priorities andstrategies for exercising their right to development. In particular, indigenous peopleshave the right to be actively involved in developing and determining health, housingand other economic and social programmes affecting them and, as far as possible, toadminister such programmes through their own institutions.Article 241. Indigenous peoples have the right to their traditional medicines and tomaintain their health practices, including the conservation of their vital medicinalplants, 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 thehighest attainable standard of physical and mental health. States shall take thenecessary steps with a view to achieving progressively the full realization of thisright.Article 25Indigenous peoples have the right to maintain and strengthen their distinctivespiritual relationship with their traditionally owned or otherwise occupied and usedlands, territories, waters and coastal seas and other resources and to uphold theirresponsibilities to future generations in this regard.Article 261. Indigenous peoples have the right to the lands, territories and resourceswhich they have traditionally owned, occupied or otherwise used or acquired.2. Indigenous peoples have the right to own, use, develop and control thelands, territories and resources that they possess by reason of traditional ownershipor other traditional occupation or use, as well as those which they have otherwiseacquired.3. States shall give legal recognition and protection to these lands,territories and resources. Such recognition shall be conducted with due respect tothe customs, traditions and land tenure systems of the indigenous peoplesconcerned.A/61/L.6707-49830 9Article 27States shall establish and implement, in conjunction with indigenous peoplesconcerned, a fair, independent, impartial, open and transparent process, giving duerecognition to indigenous peoples’ laws, traditions, customs and land tenuresystems, to recognize and adjudicate the rights of indigenous peoples pertaining totheir lands, territories and resources, including those which were traditionallyowned or otherwise occupied or used. Indigenous peoples shall have the right toparticipate in this process.Article 281. Indigenous peoples have the right to redress, by means that can includerestitution or, when this is not possible, just, fair and equitable compensation, forthe lands, territories and resources which they have traditionally owned or otherwiseoccupied or used, and which have been confiscated, taken, occupied, used ordamaged without their free, prior and informed consent.2. Unless otherwise freely agreed upon by the peoples concerned,compensation shall take the form of lands, territories and resources equal in quality,size and legal status or of monetary compensation or other appropriate redress.Article 291. Indigenous peoples have the right to the conservation and protection ofthe environment and the productive capacity of their lands or territories andresources. States shall establish and implement assistance programmes forindigenous peoples for such conservation and protection, without discrimination.2. States shall take effective measures to ensure that no storage or disposalof hazardous materials shall take place in the lands or territories of indigenouspeoples without their free, prior and informed consent.3. States shall also take effective measures to ensure, as needed, thatprogrammes for monitoring, maintaining and restoring the health of indigenouspeoples, as developed and implemented by the peoples affected by such materials,are duly implemented.Article 301. Military activities shall not take place in the lands or territories ofindigenous peoples, unless justified by a significant threat to relevant public interestor otherwise freely agreed with or requested by the indigenous peoples concerned.2. States shall undertake effective consultations with the indigenous peoplesconcerned, through appropriate procedures and in particular through theirrepresentative institutions, prior to using their lands or territories for militaryactivities.Article 311. Indigenous peoples have the right to maintain, control, protect anddevelop their cultural heritage, traditional knowledge and traditional culturalexpressions, as well as the manifestations of their sciences, technologies andcultures, including human and genetic resources, seeds, medicines, knowledge ofA/61/L.6710 07-49830the properties of fauna and flora, oral traditions, literatures, designs, sports andtraditional games and visual and performing arts. They also have the right tomaintain, control, protect and develop their intellectual property over such culturalheritage, traditional knowledge, and traditional cultural expressions.2. In conjunction with indigenous peoples, States shall take effectivemeasures to recognize and protect the exercise of these rights.Article 321. Indigenous peoples have the right to determine and develop priorities andstrategies for the development or use of their lands or territories and other resources.2. States shall consult and cooperate in good faith with the indigenouspeoples concerned through their own representative institutions in order to obtaintheir free and informed consent prior to the approval of any project affecting theirlands or territories and other resources, particularly in connection with thedevelopment, utilization or exploitation of mineral, water or other resources.3. States shall provide effective mechanisms for just and fair redress for anysuch activities, and appropriate measures shall be taken to mitigate adverseenvironmental, economic, social, cultural or spiritual impact.Article 331. Indigenous peoples have the right to determine their own identity ormembership in accordance with their customs and traditions. This does not impairthe right of indigenous individuals to obtain citizenship of the States in which theylive.2. Indigenous peoples have the right to determine the structures and toselect the membership of their institutions in accordance with their own procedures.Article 34Indigenous peoples have the right to promote, develop and maintain theirinstitutional structures and their distinctive customs, spirituality, traditions,procedures, practices and, in the cases where they exist, juridical systems orcustoms, in accordance with international human rights standards.Article 35Indigenous peoples have the right to determine the responsibilities ofindividuals to their communities.Article 361. Indigenous peoples, in particular those divided by international borders,have the right to maintain and develop contacts, relations and cooperation, includingactivities for spiritual, cultural, political, economic and social purposes, with theirown members as well as other peoples across borders.2. States, in consultation and cooperation with indigenous peoples, shalltake effective measures to facilitate the exercise and ensure the implementation ofthis right.A/61/L.6707-49830 11Article 371. Indigenous peoples have the right to the recognition, observance andenforcement of treaties, agreements and other constructive arrangements concludedwith 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 oreliminating the rights of indigenous peoples contained in treaties, agreements andother constructive arrangements.Article 38States in consultation and cooperation with indigenous peoples, shall take theappropriate measures, including legislative measures, to achieve the ends of thisDeclaration.Article 39Indigenous peoples have the right to have access to financial and technicalassistance from States and through international cooperation, for the enjoyment ofthe rights contained in this Declaration.Article 40Indigenous peoples have the right to access to and prompt decision throughjust and fair procedures for the resolution of conflicts and disputes with States orother parties, as well as to effective remedies for all infringements of theirindividual and collective rights. Such a decision shall give due consideration to thecustoms, traditions, rules and legal systems of the indigenous peoples concerned andinternational human rights.Article 41The organs and specialized agencies of the United Nations system and otherintergovernmental organizations shall contribute to the full realization of theprovisions of this Declaration through the mobilization, inter alia, of financialcooperation and technical assistance. Ways and means of ensuring participation ofindigenous peoples on issues affecting them shall be established.Article 42The United Nations, its bodies, including the Permanent Forum on IndigenousIssues, and specialized agencies, including at the country level, and States shallpromote respect for and full application of the provisions of this Declaration andfollow up the effectiveness of this Declaration.Article 43The rights recognized herein constitute the minimum standards for thesurvival, dignity and well-being of the indigenous peoples of the world.A/61/L.6712 07-49830Article 44All the rights and freedoms recognized herein are equally guaranteed to maleand female indigenous individuals.Article 45Nothing in this Declaration may be construed as diminishing or extinguishingthe rights indigenous peoples have now or may acquire in the future.Article 461. 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 actcontrary to the Charter of the United Nations or construed as authorizing orencouraging any action which would dismember or impair, totally or in part, theterritorial integrity or political unity of sovereign and independent States.2. In the exercise of the rights enunciated in the present Declaration, humanrights and fundamental freedoms of all shall be respected. The exercise of the rightsset forth in this Declaration shall be subject only to such limitations as aredetermined by law, and in accordance with international human rights obligations.Any such limitations shall be non-discriminatory and strictly necessary solely forthe purpose of securing due recognition and respect for the rights and freedoms ofothers and for meeting the just and most compelling requirements of a democraticsociety.3. The provisions set forth in this Declaration shall be interpreted inaccordance with the principles of justice, democracy, respect for human rights,equality, non-discrimination, good governance and good faith.
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