Inter-American System

This section contains declarations and treaties in the Inter-American system that protect indigenous rights. Each item in this folder will have a summary containing a brief description of the provisions which are relevant to indigenous rights and the status of the document under U.S. law.

American Declaration of the Rights and Duties of Man
Date: May 2, 1948
Organization: Pan American Union

Document Type: Declaration
Link: HTML

The American Declaration of the Rights and Duties of Man has a few provisions that are relevant to the protection of indigenous rights. Article 2 states that all persons are equal before the law and have rights and duties without distinction as to race, language, creed or any other factor. Article 13 states that every person has the right to take part in the cultural life of the community. Article 22 states that every person has the right to associate with others to promote, exercise and protect his cultural interests.

American Convention of Human Rights
Date: July 17, 1978
Organization: Organization of American States
Document Type: Convention
Link: HTML

The American Convention of Human Rights has several individual rights that are of significance in protecting indigenous rights. Article 1 ensures the free and full exercise of rights and freedoms, without any discrimination for reasons of race, color, language, religion or social origin. Article 16 states that everyone has the right to associate freely for cultural purposes. Article 24 states that all persons are equal before the law and as such are entitled to equal protection of the law without discrimination. Article 26 establishes the full realization of cultural rights. Article 26 calls on State Parties to adopt measures the full realization of economic, social and cultural standards set forth in the Charter of the OAS. The U.S. government signed the Convention June 1, 1977. To date, it has not been ratified.

 

Indigenous Rights Online Library
www.indigenousrightswatch.org