UN General Assembly. United Nations Declaration on the Rights of Indigenous Peoples (2007).

UN General Assembly. United Nations Declaration on the Rights of Indigenous Peoples: Resolution Adopted by the General Assembly, A/RES/61/295 § (2007).

[Title: Definition of “Indigenous?” Use of plural “peoples?” –oki]

[“Annex” …]

“Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources …” (¶7)

“Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment …” (¶11)

“… the right to self-determination of all peoples, …” (¶16)

“… the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples …” (¶20)

“Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples …” (¶22)

“Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms …” (Article 1)

“Indigenous peoples have the right to self-determination. …” (Article 3)

“Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.” (Article 5)

“… children of the group …” (Article 7, ¶2)

[What about communications within the community that undermine from within? Colonial views adopted by Indigenous individuals? –oki …]

“Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.” (Article 8, ¶2e)

[Ambiguous. Consent can be coerced but appears to be free: eg no real choices. –oki …]

“… No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.” (Article 10)

[At what point is an archaeological site claimed by a group? –oki …]

“… archaeological …” (Article 11, ¶1)

[Collective intellectual property? –oki …]

“… their cultural, intellectual, religious and spiritual property …” (Article 11, ¶2)

[Collective privacy? –oki …]

“… privacy …” (Article 12, ¶1)

“States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.” (Article 13, ¶2)

[“When possible” dilutes this statement. –oki …]

“States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.” (Article 14, ¶3)

[Definition? –oki …]

“… spiritual …” (Article 17, ¶2)

[Gender boundaries? –oki …]

“Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.” (Article 22, ¶1)

[Compensation for lands that cannot be returned? –oki …]

“Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.” (Article 26, ¶1)

“Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.” (Article 28, ¶1)

[Ambiguous. –oki …]

“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 28, ¶2)

“Indigenous peoples have the right to maintain, control, protect and develop … knowledge of the properties of fauna and flora … their intellectual property …” (Article 31, ¶1)

“Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions.” (Article 33, ¶1)

“Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.” (Article 33, ¶2)

“All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.” (Article 44)

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