United Nations Declaration On The Rights Of Indigenous Peoples

Resolution adopted by the  
General Assembly on 13 September 2007
 [without reference to a Main Committee (A/61/L.67 
and Add.1)]
 61/295. United Nations Declaration on the 
Rights of Indigenous Peoples
 The General Assembly,
 Taking note of the recommendation of the 
Human Rights Council contained in its 
resolution 1/2 of 29 June 20061,  by which the 
Council adopted the text of the United Nations 
Declaration on the Rights of Indigenous Peoples, 
Recalling its resolution 61/178 of 20 December 
2006, by which it decided to defer consideration 
of and action on the Declaration to allow time for 
further consultations thereon, and also decided 
to conclude its consideration before the end of 
the sixty-first session of the General Assembly,
 1    
See Official Records of the General Assembly, Sixty-first Session, 
Supplement No. 53 (A/61/53), part one, chap. II, sect. A. 
1
Adopts the United Nations Declaration on the 
Rights of Indigenous Peoples as contained in the 
annex to the present resolution.
 107th plenary meeting 
13 September 2007
 Annex
 United Nations Declaration  
on the Rights of Indigenous Peoples
 The 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 accordance with the Charter,
 Affirming that indigenous peoples are equal to all 
other peoples, while recognizing 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 of civilizations and cultures, 
which constitute the common heritage of hu
mankind,
 2
Affirming further that all doctrines, policies and 
practices based on or advocating superiority of 
peoples or individuals on the basis of national 
origin or racial, religious, ethnic or cultural differ
ences are racist, scientifically false, legally invalid, 
morally condemnable and socially unjust,
 Reaffirming that indigenous peoples, in the exer
cise of their rights, should be free from discrimi
nation of any kind,
 Concerned that indigenous peoples have suffered 
from historic injustices as a result of, inter alia, their 
colonization and dispossession of their lands, ter
ritories and resources, thus preventing them from 
exercising, in particular, their right to development 
in accordance with their own needs and interests,
 Recognizing the urgent need to respect and 
promote the inherent rights of indigenous peo
ples 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,
 Recognizing also the urgent need to respect 
and promote the rights of indigenous peoples 
3
affirmed in treaties, agreements and other con
structive arrangements with States,
 Welcoming the fact that indigenous peoples are 
organizing themselves for political, economic, 
social and cultural enhancement and in order to 
bring to an end all forms of discrimination and op
pression wherever they occur,
 Convinced that control by indigenous peoples 
over developments affecting them and their 
lands, territories and resources will enable them 
to maintain and strengthen their institutions, cul
tures and traditions, and to promote their devel
opment in accordance with their aspirations and 
needs,
 Recognizing that respect for indigenous knowl
edge, cultures and traditional practices contrib
utes to sustainable and equitable development 
and proper management of the environment,
 Emphasizing the contribution of the demilitariza
tion of the lands and territories of indigenous 
peoples to peace, economic and social progress 
and development, understanding and friendly re
lations among nations and peoples of the world,
 4
Recognizing in particular the right of indigenous 
families and communities to retain shared re
sponsibility for the upbringing, training, educa
tion and well-being of their children, consistent 
with the rights of the child,
 Considering that the rights affirmed in treaties, 
agreements and other constructive arrange
ments between States and indigenous peoples 
are, in some situations, matters of international 
concern, interest, responsibility and character,
 Considering also that treaties, agreements and 
other constructive arrangements, and the re
lationship they represent, are the basis for a 
strengthened partnership between indigenous 
peoples and States,
 Acknowledging that the Charter of the United 
Nations, the International Covenant on Econom
ic, Social and Cultural Rights2 and the Interna
tional Covenant on Civil and Political Rights,2 as 
well as the Vienna Declaration and Programme 
of Action,3  affirm the fundamental importance of 
the right to self-determination of all peoples, by 
2  See resolution 2200 A (XXI), annex.
 3  A/CONF.157/24 (Part I), chap. III. 
5
virtue of which they freely determine their politi
cal status and freely pursue their economic, social 
and cultural development,
 Bearing in mind that nothing in this Declaration 
may be used to deny any peoples their right to 
self-determination, exercised in conformity with 
international law,
 Convinced that the recognition of the rights of 
indigenous peoples in this Declaration will en
hance harmonious and cooperative relations be
tween the State and indigenous peoples, based 
on principles of justice, democracy, respect for 
human rights, non-discrimination and good faith,
 Encouraging States to comply with and effective
ly implement all their obligations as they apply to 
indigenous peoples under international instru
ments, in particular those related to human rights, 
in consultation and cooperation with the peoples 
concerned,
 Emphasizing that the United Nations has an 
important and continuing role to play in pro
moting and protecting the rights of indigenous 
peoples,
 6
Believing that this Declaration is a further important 
step forward for 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,
 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,
 Recognizing that the situation of indigenous 
peoples varies from region to region and from 
country to country and that the significance of 
national and regional particularities and various 
historical and cultural backgrounds should be 
taken into consideration,
 Solemnly proclaims the following United Nations 
Declaration on the Rights of Indigenous Peoples 
as a standard of achievement to be pursued in a 
spirit of partnership and mutual respect:
 Article 1
 Indigenous peoples have the right to the full en
joyment, as a collective or as individuals, of all 
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human rights and fundamental freedoms as rec
ognized in the Charter of the United Nations, the 
Universal Declaration of Human Rights4  and in
ternational human rights law.
 Article 2
 Indigenous peoples and individuals are free and 
equal to all other peoples and individuals and 
have the right to be free from any kind of discrim
ination, in the exercise of their rights, in particular 
that based on their indigenous origin or identity.
 Article 3
 Indigenous peoples have the right to self-deter
mination. By virtue of that right they freely deter
mine their political status and freely pursue their 
economic, social and cultural development.
 Article 4
 Indigenous peoples, in exercising their right to 
self-determination, have the right to autonomy or 
self-government in matters relating to their inter
nal and local affairs, as well as ways and means for 
financing their autonomous functions.
 4  Resolution 217 A (III).
 8
Article 5
 Indigenous peoples have the right to maintain 
and strengthen their distinct political, legal, eco
nomic, social and cultural institutions, while re
taining their right to participate fully, if they so 
choose, in the political, economic, social and cul
tural life of the State.
 Article 6
 Every indigenous individual has the right to a na
tionality.
 Article 7
 1.  Indigenous individuals have the rights to life, 
physical and mental integrity, liberty and secu
rity of person.
 2.  Indigenous peoples have the collective right to 
live in freedom, peace and security as distinct 
peoples and shall not be subjected to any act of 
genocide or any other act of violence, including 
forcibly removing children of the group to an
other group.
 9
Article 8
 1.  Indigenous peoples and individuals have the 
right not to be subjected to forced assimilation 
or destruction of their culture.
 2.  States shall provide effective mechanisms for 
prevention of, and redress for:
 (a)  Any action which has the aim or effect of 
depriving them of their integrity as distinct 
peoples, or of their cultural values or ethnic 
identities;
 (b)  Any action which has the aim or effect of 
dispossessing them of their lands, territories 
or resources;
 (c)  Any form of forced population transfer 
which has the aim or effect of violating or 
undermining any of their rights;
 (d)  Any form of forced assimilation or integra
tion;
 (e)  Any form of propaganda designed to pro
mote or incite racial or ethnic discrimination 
directed against them.
 10
Article 9
 Indigenous 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 discrim
ination of any kind may arise from the exercise of 
such a right.
 Article 10
 Indigenous peoples shall not be forcibly removed 
from their lands or territories. 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 11
 1.  Indigenous peoples have the right to practise 
and revitalize their cultural traditions and cus
toms. This includes the right to maintain, pro
tect and develop the past, present and future 
manifestations of their cultures, such as ar
chaeological and historical sites, artefacts, de
signs, ceremonies, technologies and visual and 
performing arts and literature.
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2.  States shall provide redress through effective 
mechanisms, which may include restitution, 
developed in conjunction with indigenous 
peoples, with respect to their cultural, intellec
tual, religious and spiritual property taken with
out their free, prior and informed consent or in 
violation of their laws, traditions and customs.
 Article 12
 1.  Indigenous peoples have the right to manifest, 
practise, develop and teach their spiritual and 
religious traditions, customs and ceremonies; 
the right to maintain, protect, and have access 
in privacy to their religious and cultural sites; 
the right to the use and control of their ceremo
nial objects; and the right to the repatriation of 
their human remains.
 2.  States shall seek to enable the access and/or 
repatriation of ceremonial objects and human 
remains in their possession through fair, trans
parent and effective mechanisms developed in 
conjunction with indigenous peoples concerned.
 Article 13
 1.  Indigenous peoples have the right to revitalize, 
use, develop and transmit to future genera
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tions their histories, languages, oral traditions, 
philosophies, writing systems and literatures, 
and to designate and retain their own names for 
communities, places and persons.
 2.  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 adminis
trative proceedings, where necessary through 
the provision of interpretation or by other ap
propriate means.
 Article 14
 1.  Indigenous peoples have the right to establish 
and control their educational systems and in
stitutions providing education in their own lan
guages, in a manner appropriate to their cultur
al methods of teaching and learning.
 2.  Indigenous individuals, particularly children, 
have the right to all levels and forms of educa
tion of the State without discrimination.
 3.  States shall, in conjunction with indigenous peo
ples, take effective measures, in order for indige
nous individuals, particularly children, including 
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those living outside their communities, to have 
access, when possible, to an education in their 
own culture and provided in their own language.
 Article 15
 1. Indigenous peoples have the right to the dig
nity and diversity of their cultures, traditions, 
histories and aspirations which shall be appro
priately reflected in education and public infor
mation.
 2.  States shall take effective measures, in 
consultation and cooperation with the 
indigenous peoples concerned, to combat 
prejudice and eliminate discrimination and to 
promote tolerance, understanding and good 
relations among indigenous peoples and all 
other segments of society.
 Article 16
 1.  Indigenous peoples have the right to establish 
their own media in their own languages and to 
have access to all forms of non-indigenous me
dia without discrimination.
 2.  States shall take effective measures to ensure 
that State-owned media duly reflect indigenous 
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cultural diversity. States, without prejudice to 
ensuring full freedom of expression, should en
courage privately owned media to adequately 
reflect indigenous cultural diversity.
 Article 17
 1.  Indigenous individuals and peoples have the right 
to enjoy fully all rights established under applica
ble international and domestic labour law.
 2.  States shall in consultation and cooperation 
with indigenous peoples take specific measures 
to protect indigenous children from economic 
exploitation and from performing any work that 
is likely to be hazardous or to interfere with the 
child’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 the importance of ed
ucation for their empowerment.
 3.  Indigenous individuals have the right not to be 
subjected to any discriminatory conditions of 
labour and, inter alia, employment or salary.
 Article 18
 Indigenous peoples have the right to participate 
in decision-making in matters which would affect 
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their rights, through representatives chosen by 
themselves in accordance with their own proce
dures, as well as to maintain and develop their 
own indigenous decision-making institutions.
 Article 19
 States shall consult and cooperate in good faith 
with the indigenous peoples concerned through 
their own representative institutions in order to 
obtain their free, prior and informed consent be
fore adopting and implementing legislative or ad
ministrative measures that may affect them.
 Article 20
 1.  Indigenous peoples have the right to maintain 
and develop their political, economic and social 
systems or institutions, to be secure in the en
joyment of their own means of subsistence and 
development, and to engage freely in all their 
traditional and other economic activities.
 2.  Indigenous peoples deprived of their means of 
subsistence and development are entitled to 
just and fair redress. 
16
Article 21
 1.    Indigenous peoples have the right, without dis
crimination, to the improvement of their eco
nomic and social conditions, including, inter 
alia, in the areas of education, employment, vo
cational training and retraining, housing, sani
tation, health and social security.
 2.  States shall take effective measures and, where 
appropriate, special measures to ensure con
tinuing improvement of their economic and 
social conditions. Particular attention shall be 
paid to the rights and special needs of indige
nous elders, women, youth, children and per
sons with disabilities.
 Article 22
 1.  Particular attention shall be paid to the rights 
and special needs of indigenous elders, wom
en, youth, children and persons with disabilities 
in the implementation of this Declaration.
 2.  States shall take measures, in conjunction with 
indigenous peoples, to ensure that indigenous 
women and children enjoy the full protection 
and guarantees against all forms of violence 
and discrimination.
 17
Article 23
 Indigenous peoples have the right to determine 
and develop priorities and strategies for exer
cising their right to development. In particular, 
indigenous peoples have the right to be actively 
involved in developing and determining health, 
housing and other economic and social pro
grammes affecting them and, as far as possible, to 
administer such programmes through their own 
institutions.
 Article 24
 1.  Indigenous peoples have the right to their tra
ditional medicines and to maintain their health 
practices, including the conservation of their 
vital medicinal plants, 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 the highest attainable stan
dard of physical and mental health. States 
shall take the necessary steps with a view to 
achieving progressively the full realization of 
this right.
 18
Article 25
 Indigenous peoples have the right to maintain and 
strengthen their distinctive spiritual relationship 
with their traditionally owned or otherwise occu
pied and used lands, territories, waters and coastal 
seas and other resources and to uphold their re
sponsibilities to future generations in this regard.
 Article 26
 1.  Indigenous peoples have the right to the lands, 
territories and resources which they have tradi
tionally owned, occupied or otherwise used or 
acquired.
 2.  Indigenous peoples have the right to own, use, 
develop and control the lands, territories and 
resources that they possess by reason of tra
ditional ownership or other traditional occu
pation or use, as well as those which they have 
otherwise acquired.
 3.  States shall give legal recognition and protection 
to these lands, territories and resources. Such 
recognition shall be conducted with due respect 
to the customs, traditions and land tenure sys
tems of the indigenous peoples concerned.
 19
Article 27
 States shall establish and implement, in conjunc
tion with indigenous peoples concerned, a fair, 
independent, impartial, open and transparent 
process, giving due recognition to indigenous 
peoples’ laws, traditions, customs and land tenure 
systems, to recognize and adjudicate the rights 
of indigenous peoples pertaining to their lands, 
territories and resources, including those which 
were traditionally owned or otherwise occupied 
or used. Indigenous peoples shall have the right 
to participate in this process.
 Article 28
 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 re
sources 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 in
formed consent.
 2.  Unless otherwise freely agreed upon by the 
peoples concerned, compensation shall take 
20
the form of lands, territories and resources equal 
in quality, size and legal status or of monetary 
compensation or other appropriate redress.
 Article 29
 1.  Indigenous peoples have the right to the con
servation and protection of the environment 
and the productive capacity of their lands or 
territories and resources. States shall establish 
and implement assistance programmes for in
digenous peoples for such conservation and 
protection, without discrimination.
 2.  States shall take effective measures to ensure 
that no storage or disposal of hazardous ma
terials shall take place in the lands or territories 
of indigenous peoples without their free, prior 
and informed consent. 
3.  States shall also take effective measures to en
sure, as needed, that programmes for moni
toring, maintaining and restoring the health of 
indigenous peoples, as developed and imple
mented by the peoples affected by such mate
rials, are duly implemented.
 21
Article 30
 1.  Military activities shall not take place in the 
lands or territories of indigenous peoples, un
less justified by a relevant public interest or 
otherwise freely agreed with or requested by 
the indigenous peoples concerned.
 2.  States shall undertake effective consulta
tions with the indigenous peoples concerned, 
through appropriate procedures and in partic
ular through their representative institutions, 
prior to using their lands or territories for mili
tary activities.
 Article 31
 1.  Indigenous peoples have the right to maintain, 
control, protect and develop their cultural 
heritage, traditional knowledge and tradition
al cultural expressions, as well as the manifes
tations of their sciences, technologies and cul
tures, including human and genetic resources, 
seeds, medicines, knowledge of the properties 
of fauna and flora, oral traditions, literatures, 
designs, sports and traditional games and vi
sual and performing arts. They also have the 
22
right to maintain, control, protect and develop 
their intellectual property over such cultural 
heritage, traditional knowledge, and tradition
al cultural expressions.
 2.  In conjunction with indigenous peoples, States 
shall take effective measures to recognize and 
protect the exercise of these rights.
 Article 32
 1.  Indigenous peoples have the right to determine 
and develop priorities and strategies for the 
development or use of their lands or territories 
and other resources.
 2.  States shall consult and cooperate in good 
faith with the indigenous peoples concerned 
through their own representative institutions in 
order to obtain their free and informed consent 
prior to the approval of any project affecting 
their lands or territories and other resources, 
particularly in connection with the develop
ment, utilization or exploitation of mineral, wa
ter or other resources.
 3.  States shall provide effective mechanisms for 
just and fair redress for any such activities, and 
23
appropriate measures shall be taken to mitigate 
adverse environmental, economic, social, cul
tural or spiritual impact.
 Article 33
 1.  Indigenous peoples have the right to deter
mine their own identity or membership in ac
cordance with their customs and traditions. 
This does not impair the right of indigenous 
individuals to obtain citizenship of the States 
in which they live.
 2.  Indigenous peoples have the right to determine 
the structures and to select the membership of 
their institutions in accordance with their own 
procedures.
 Article 34
 Indigenous peoples have the right to promote, 
develop and maintain their institutional struc
tures and their distinctive customs, spirituality, 
traditions, procedures, practices and, in the cas
es where they exist, juridical systems or customs, 
in accordance with international human rights 
standards.
 24
Article 35
 Indigenous peoples have the right to determine the 
responsibilities of individuals to their communities.
 Article 36
 1.  Indigenous peoples, in particular those divided 
by international borders, have the right to 
maintain and develop contacts, relations and 
cooperation, including activities for spiritual, 
cultural, 
political, 
economic and social 
purposes, with their own members as well as 
other peoples across borders.
 2.  States, in consultation and cooperation with 
indigenous peoples, shall take effective mea
sures to facilitate the exercise and ensure the 
implementation of this right.
 Article 37
 1.  Indigenous peoples have the right to the rec
ognition, observance and enforcement of 
treaties, agreements and other constructive 
arrangements concluded with States or their 
successors and to have States honour and re
25
spect such treaties, agreements and other con
structive arrangements.
 2.  Nothing in this Declaration may be interpreted 
as diminishing or eliminating the rights of in
digenous peoples contained in treaties, agree
ments and other constructive arrangements.
 Article 38
 States in consultation and cooperation with indig
enous peoples, shall take the appropriate mea
sures, including legislative measures, to achieve 
the ends of this Declaration.
 Article 39
 Indigenous peoples have the right to have ac
cess to financial and technical assistance from 
States and through international cooperation, 
for the enjoyment of the rights contained in this 
Declaration.
 Article 40
 Indigenous peoples have the right to access to 
and prompt decision through just and fair proce
dures for the resolution of conflicts and disputes 
with States or other parties, as well as to effective 
26
remedies for all infringements of their individual 
and collective rights. Such a decision shall give 
due consideration to the customs, traditions, 
rules and legal systems of the indigenous peoples 
concerned and international human rights.
 Article 41
 The organs and specialized agencies of the United 
Nations system and other intergovernmental 
organizations shall contribute to the full 
realization of the provisions of this Declaration 
through the mobilization, inter alia, of financial 
cooperation and technical assistance. Ways and 
means of ensuring participation of indigenous 
peoples on issues affecting them shall be 
established.
 Article 42
 The United Nations, its bodies, including the 
Permanent Forum on Indigenous Issues, and 
specialized agencies, including at the country 
level, and States shall promote respect for and 
full application of the provisions of this Declara
tion and follow up the effectiveness of this Dec
laration.
 27
Article 43
 The rights recognized herein constitute the 
minimum standards for the survival, dignity and 
well-being of the indigenous peoples of the 
world.
 Article 44
 All the rights and freedoms recognized herein 
are equally guaranteed to male and female 
indigenous individuals.
 Article 45
 Nothing in this Declaration may be construed 
as diminishing or extinguishing the rights indig
enous peoples have now or may acquire in the 
future.
 Article 46
 1.  Nothing in this Declaration may be interpret
ed as implying for any State, people, group or 
person any right to engage in any activity or to 
perform any act contrary to the Charter of the 
United Nations or construed as authorizing or 
encouraging any action which would dismem
28
ber or impair, totally or in part, the territorial in
tegrity or political unity of sovereign and inde
pendent States.
 2.  In the exercise of the rights enunciated in the 
present Declaration, human rights and funda
mental freedoms of all shall be respected. The 
exercise of the rights set forth in this Declara
tion shall be subject only to such limitations as 
are determined by law and in accordance with 
international human rights obligations. Any 
such limitations shall be non-discriminatory 
and strictly necessary solely for the purpose of 
securing due recognition and respect for the 
rights and freedoms of others and for meeting 
the just and most compelling requirements of a 
democratic society.
 3.  The provisions set forth in this Declaration shall 
be interpreted in accordance with the princi
ples of justice, democracy, respect for human 
rights, equality, non-discrimination, good gov
ernance and good faith.
 29