This folder contains United Nations declarations and treaties 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. Click on the link to see the entire document.

Universal Declaration of Human Rights
Date: December 10, 1948
Organization: United Nations
Document Type: Declaration
Link: HTML

The Universal Declaration of Human Rights has several provisions that are relevant to the protection of indigenous rights. Article 1 states that all human beings are born “equal in dignity and rights.” Article 2 states that everyone is entitled to the rights in the Declaration “without distinction of any kind” such as race, colour, religion, national or social origin or other status. Furthermore, no distinction shall be made on the basis of the “political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.” Article 7 states that “all are equal before the law and are entitled without any discrimination to equal protection of the law.” Article 17 states “everyone has the right to own property alone as well as in association with others.” This lays the precedent for collective land rights. Article 18 states that everyone has the right to freedom of religion “in community with others and in public.” Article 22 states that everyone, as a member of society is entitled to realization of the economic, social and cultural rights indispensable for his dignity. Article 27 states that everyone has the right to freely participate in the cultural life of the community. Because this was a Declaration adopted by the United Nations General Assembly it requires no ratification and is applicable to the United States.

Convention on the Prevention and Punishment of the Crime of Genocide

Date: January 12, 1951      
     
Organization: United Nations General Assembly       
     
Document Type: Convention      
     
Submission Date:      
     
Link: HTML

This Convention defines genocide as “any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent birth within the group; forcibly transferring children of the group to another group” (Article 2). Indigenous Peoples fit within the realm of groups that are protected under this definition. The U.S. government ratified the Genocide Convention February 19, 1986 although they made several reservations (see the folder on U.S. Reservations in the Genocide Convention folder).

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights has several provisions that protect collective rights. Article 1 states that 1) “all peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” 2) “all peoples may, for their own ends, freely dispose of their natural wealth and resources…In no case may a people be deprived of its own means of subsistence.” 3) “The States Parties to the present Covenant including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.” Article 20 states that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” Article 27 states that where “ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.” This Covenant was ratified by the U.S. government September 8, 1992.

International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights describes both collective and individual economic, social and cultural rights. Collective rights: Article 1 states that 1) “all peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” 2) “all peoples may, for their own ends, freely dispose of their natural wealth and resources…In no case may a people be deprived of its own means of subsistence.” 3) “The States Parties to the present Covenant including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.” Individual rights: There are many provisions for family, environmental, educational and developmental rights that protect the individual rights of indigenous persons, including article 15, which recognizes the right of everyone to take part in cultural life. This Covenant was signed by the U.S. government November 5, 1977. To date it has not been ratified.

Convention on the Elimination of All Forms of Racial Discrimination

Date: December 21, 1965
Organization: United Nations General Assembly
Document Type: Convention
Link: HTML

The International Convention on the Elimination of All Forms of Racial Discrimination is very relevant for the protection of indigenous rights. The Convention includes individual rights as well as State Parties responsibilities. State Parties to this Convention condemn racial discrimination and pursue a policy of eliminating racial discrimination in all its forms and promoting understanding among all races (Article 2.1). This includes ceasing to sponsor, defend or support racial discrimination by any persons or organizations (b); taking effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists (c); and take special measures to ensure the adequate development and protection of certain racial groups in the cultural field (Article 2.2). Article 5 protects everyone’s right to equality before the law. This includes the right to equal treatment before organs administering justice (a); “right to own property alone as well as in association with others” (v); and the right to equal protection in cultural activities (vi). This Convention was ratified by the U.S. government November 20, 1994.

Committee on the Elimination of All Forms of Racial Discrimination: General Recommendation XXIII Concerning Indigenous Peoples

Date: August 18, 1997
Organization: United Nations Committee on the Elimination of Racial Discrimination
Document Type: General Recommendation
Submission Date:
Link: HTML

General Recommendation XXIII Concerning Indigenous Peoples of the Committee on the Elimination of All Forms of Racial Discrimination affirms that discrimination against indigenous peoples falls under the scope of the CERD and that all appropriate means must be taken to combat and eliminate such discrimination. The most relevant Paragraph calls upon States to “recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories” (5).

Convention on the Rights of the Child

The Convention on the Rights of the Child has several provisions for the rights of indigenous children. Article 2 forbids discrimination of children based on race, color, language, religion, ethnic or social origin. Article 17 makes provisions for the broadcasting of information by the mass media in minority languages. Article 29 establishes the right to education, including education on the child’s own cultural identity, language and values. Article 30 states that minority and indigenous children shall not be denied the right to their own culture, religion or language. The Convention on the Rights of the Child has been signed, but not ratified by the United States. In June 2002, the Senate voted to ratify the First and Second Optional Protocols to the CRC (see the folder on the Convention of the Rights of the Child).

Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities

Date: December 18, 1992
Organization: United Nations General Assembly
Document Type: Declaration
Submission Date:
Link:  http://www.unhchr.ch/html/menu3/b/d_minori.htm

Rio Declaration of Environment and Development 

Date: June 1992
Organization: United Nations Earth Summit in Rio de Janeiro
Document Type: Declaration
Submission Date:
Link:  http://www.un.org/documents/ga/conf151/aconf15126-1annex1.htm

Principle 22 of the Rio Declaration of Environment and Development states: “Indigenous people and their communities, and other local communities, have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.” Because this was a Declaration adopted by the United Nations General Assembly it requires no ratification and is applicable to the United States.

Agenda 21: Chapter 26.4 Recognizing and Strengthening the Role of Indigenous People and their Communities

Date: June 1992
Organization: United Nations Division for Sustainable Development
Document Type: Programme
Submission Date:
Link:  http://www.un.org/esa/sustdev/documents/agenda21/english/agenda21chapter26.htm

Agenda 21 is a programme of environmental and developmental objectives the governments of the world adopted at the United Nations Conference on Environment and Development (UNCED) held in Rio de Janerio, Brazil, June 3-14, 1992. Chapter 26 is titled “Recognizing and Strengthening the Role of Indigenous People and their Communities” and it outlines objectives that governments should aim to fulfill with regard to indigenous people. Objectives include greater participation of indigenous people in land resource use. Because this was a programme of action adopted by the United Nations General Assembly it is applicable to the United States.

Convention on Biological Diversity

Date: June 5, 1992
Organization: United Nations
Document Type: Convention
Submission Date:
Link:  http://www.biodiv.org/doc/legal/cbd-en.pdf

The Convention on Biological Diversity has one Article that provides for the protection of indigenous rights. Article 8(j) calls upon Convention signatories to “respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.” This Convention was signed by the U.S. government June 4, 1993. To date it has not been ratified.

Vienna Declaration and Programme of Action

Date: June 14-25, 1993
Organization: United Nations
Document Type: Declaration
Submission Date:
Link:  http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument

The Vienna Declaration and Programme of Action, declared at the 1993 World Conference on Human Rights in Austria, has a provision for indigenous people. Article I.20 recognizes the “inherent dignity and the unique contribution of indigenous people to the development and plurality of society and strongly reaffirms the commitment of the international community to their economic, social and cultural well-being.” Article II.28-32 calls upon the completion of the draft Declaration on the Rights of Indigenous Peoples, the renewal and updating of the mandate of the Working Group on Indigenous Populations and the proclamation of the International Decade of Indigenous Peoples. Because this was a Declaration adopted by the United Nations General Assembly it requires no ratification and is applicable to the United States.

Report of the International Conference on Population and Development (1994)

Date: September 5-13, 1994
Organization: United Nations Population Division
Document Type: Report
Link:  http://www.un.org/popin/icpd/conference/offeng/poa.html

There were a couple important decisions regarding indigenous people at the Conference on Population and Development in Cairo September 5-13, 1994. Paragraph 6.24 of the report states the decision that the perspectives and needs of Indigenous Peoples should be included in population, development or environmental programs that affect them, that they should receive population and development-related services that are socially, culturally and ecologically appropriate.  Paragraph 6.27 states the decision that Indigenous Peoples should be enabled to have tenure and manage their land, and protect the natural resources and ecosystems on which they depend.

Durban Declaration and Programme of Action

Date: August 31-September 8, 2001
Organization: United Nations
Document Type: Declaration
Submission Date:
Link:  http://www.unhchr.ch/pdf/Durban.pdf

The Durban Declaration and Programme of Action has a number of provisions dealing with Indigenous Peoples. Paragraph 23-24; 39-45 in the general issues section and paragraphs 15-23 in the programme of action are dedicated exclusively to indigenous rights issues. This is the first international declaration to use the term “indigenous peoples.” Because this was a Declaration adopted by the United Nations General Assembly it requires no ratification and is applicable to the United States.

Conclusions and Recommendations of the Seminar on Treaties, Agreements and Other Constructive Arrangements between States and Indigenous Peoples, held in Geneva from 15 to 17 December 2003.

Date:
Organization:
Document Type:
Link: HTML

Indigenous Rights Online Library
www.indigenousrightswatch.org