Race About The U.S. Census Bureau must adhere to the 1997 Office of Management and Budget (OMB) standards on race and ethnicity which guide the Census Bureau in classifying written responses to the race question: White – A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African American – A person having origins in any of the Black racial groups of Africa. American Indian or Alaska Native – A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. Asian – A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. Native Hawaiian or Other Pacific Islander – A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. The 1997 OMB standards permit the reporting of more than one race. An individual’s response to the race question is based upon self-identification.

An individual’s response to the race question is based upon self-identification. The Census Bureau does not tell individuals which boxes to mark or what heritage to write in. For the first time in Census 2000, individuals were presented with the option to self-identify with more than one race and this continued with the 2010 Census. People who identify with more than one race may choose to provide multiple races in response to the race question. For example, if a respondent identifies as "Asian" and "White," they may respond to the question on race by checking the appropriate boxes that describe their racial identities and/or writing in these identities on the spaces provided. What is Race?

The data on race were derived from answers to the question on race that was asked of individuals in the United States. The Census Bureau collects racial data in accordance with guidelines provided by the U.S. Office of Management and Budget (OMB), and these data are based on self-identification. The racial categories included in the census questionnaire generally reflect a social definition of race recognized in this country and not an attempt to define race biologically, anthropologically, or genetically. In addition, it is recognized that the categories of the race item include racial and national origin or sociocultural groups. People may choose to report more than one race to indicate their racial mixture, such as “American Indian” and “White.” People who identify their origin as Hispanic, Latino, or Spanish may be of any race. OMB requires five minimum categories: White, Black or African American, American Indian or Alaska Native, Asian, and Native Hawaiian or Other Pacific Islander. Reasons for Collecting Information on Race

Information on race is required for many Federal programs and is critical in making policy decisions, particularly for civil rights. States use these data to meet legislative redistricting principles. Race data also are used to promote equal employment opportunities and to assess racial disparities in health and environmental risks. Us

For assistance, please the Census Call Center at 1-800-923-8282 (toll free) or visit ask.census.gov for further information.

Research to Improve Data on Race and Ethnicity

Last Revised: January 12, 2017

H. Res. 194

In the House of Representatives, U. S., July 29, 2008. Whereas millions of Africans and their descendants were enslaved in the United States and the 13 American colonies from 1619 through 1865; Whereas slavery in America resembled no other form of involuntary servitude known in history, as Africans were captured and sold at auction like inanimate objects or animals; Whereas Africans forced into slavery were brutalized, humiliated, dehumanized, and subjected to the indignity of being stripped of their names and heritage; Whereas enslaved families were torn apart after having been sold separately from one another; Whereas the system of slavery and the visceral racism against persons of African descent upon which it depended became entrenched in the Nation’s social fabric; Whereas slavery was not officially abolished until the age of the 13th Amendment to the United States Constitution in 1865 after the end of the Civil War; Whereas after emancipation from 246 years of slavery, African-Americans soon saw the fleeting political, social, and economic gains they made during Reconstruction eviscerated by virulent racism, lynchings, disenfranchisement,

2 Black Codes, and racial segregation laws that imposed a rigid system of officially sanctioned racial segregation in virtually all areas of life; Whereas the system of de jure racial segregation known as ‘‘Jim Crow,’’ which arose in certain parts of the Nation following the Civil War to create separate and unequal societies for whites and African-Americans, was a direct result of the racism against persons of African descent engendered by slavery; Whereas a century after the official end of slavery in America, Federal action was required during the 1960s to eliminate the dejure and defacto system of Jim Crow throughout parts of the Nation, though its vestiges still linger to this day; Whereas African-Americans continue to suffer from the complex interplay between slavery and Jim Crow—long after both systems were formally abolished—through enormous damage and loss, both tangible and intangible, including the loss of human dignity, the frustration of careers and professional lives, and the long-term loss of income and opportunity; Whereas the story of the enslavement and de jure segregation of African-Americans and the dehumanizing atrocities committed against them should not be purged from or minimized in the telling of American history; Whereas on July 8, 2003, during a trip to Goree Island, Senegal, a former slave port, President George W. Bush acknowledged slavery’s continuing legacy in American life and the need to confront that legacy when he stated that slavery ‘‘was . . . one of the greatest crimes of history . . . The racial bigotry fed by slavery did not end with •HRES 194 EH

3 slavery or with segregation. And many of the issues that still trouble America have roots in the bitter experience of other times. But however long the journey, our destiny is set: liberty and justice for all.’’; Whereas President Bill Clinton also acknowledged the deepseated problems caused by the continuing legacy of racism against African-Americans that began with slavery when he initiated a national dialogue about race; Whereas a genuine apology is an important and necessary first step in the process of racial reconciliation; Whereas an apology for centuries of brutal dehumanization and injustices cannot erase the past, but confession of the wrongs committed can speed racial healing and reconciliation and help Americans confront the ghosts of their past; Whereas the legislature of the Commonwealth of Virginia has recently taken the lead in adopting a resolution officially expressing appropriate remorse for slavery and other State legislatures have adopted or are considering similar resolutions; and Whereas it is important for this country, which legally recognized slavery through its Constitution and its laws, to make a formal apology for slavery and for its successor, Jim Crow, so that it can move forward and seek reconciliation, justice, and harmony for all of its citizens: Now, therefore, be it Resolved, That the House of Representatives— (1) acknowledges that slavery is incompatible with the basic founding principles recognized in the Declaration of Independence that all men are created equal; •HRES 194 EH

4 (2) acknowledges the fundamental injustice, cruelty, brutality, and inhumanity of slavery and Jim Crow; (3) apologizes to African Americans on behalf of the people of the United States, for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow; and (4) expresses its commitment to rectify the lingering consequences of the misdeeds committed against African Americans under slavery and Jim Crow and to stop the occurrence of human rights violations in the future. Attest:

Clerk.

•HRES 194 EH

The Holy See

APOSTOLIC LETTER ISSUED MOTU PROPRIO OF THE SUPREME PONTIFF FRANCIS

ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF VATICAN CITY STATE IN CRIMINAL MATTERS     In our times, the common good is increasingly threatened by transnational organized crime, the improper use of the markets and of the economy, as well as by terrorism. It is therefore necessary for the international community to adopt adequate legal instruments to prevent and counter criminal activities, by promoting international judicial cooperation on criminal matters. In ratifying numerous international conventions in these areas, and acting also on behalf of Vatican City State, the Holy See has constantly maintained that such agreements are effective means to prevent criminal activities that threaten human dignity, the common good and peace. With a view to renewing the Apostolic See’s commitment to cooperate to these ends, by means of this Apostolic Letter issued Motu Proprio, I establish that: 1. The competent Judicial Authorities of Vatican City State shall also exercise penal jurisdiction over: a) crimes committed against the security, the fundamental interests or the patrimony of the Holy See;

2 b) crimes referred to: - in Vatican City State Law No. VIII, of 11 July 2013, containing Supplementary Norms on Criminal

Law Matters; - in Vatican City State Law No. IX, of 11 July 2013, containing Amendments to the Criminal Code

and the Criminal Procedure Code; when such crimes are committed by the persons referred to in paragraph 3 below, in the exercise of their functions; c) any other crime whose prosecution is required by an international agreement ratified by the Holy See, if the perpetrator is physically present in the territory of Vatican City State and has not been extradited. 2. The crimes referred to in paragraph 1 are to be judged pursuant to the criminal law in force in Vatican City State at the time of their commission, without prejudice to the general principles of the legal system on the temporal application of criminal laws. 3. For the purposes of Vatican criminal law, the following persons are deemed “public officials”: a) , officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it. b) papal legates and diplomatic personnel of the Holy See. c) those persons who serve as representatives, managers or directors, as well as persons who even de facto manage or exercise control over the entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City State; d) any other person holding an istrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority. 4. The jurisdiction referred to in paragraph 1 comprises also the istrative liability of juridical persons arising from crimes, as regulated by Vatican City State laws. 5. When the same matters are prosecuted in other States, the provisions in force in Vatican City State on concurrent jurisdiction shall apply. 6. The content of article 23 of Law No. CXIX of 21 November 1987, which approves the Judicial

Order of Vatican City State remains in force. This I decide and establish, anything to the contrary notwithstanding. I establish that this Apostolic Letter issued Motu Proprio will be promulgated by its publication in

3 L’Osservatore Romano, entering into force on 1 September 2013.

Given in Rome, at the Apostolic Palace, on 11 July 2013, the first of my Pontificate.   FRANCISCUS  

©   Copyright - Libreria Editrice Vaticana

INDIGENOUS PEOPLES

Gregorio Borgia/AP Pope Francis held hands with indigenous children as he walked with Bolivian President Evo Morales upon his arrival on Wednesday July 8.

Pope Francis Apologizes to Indigenous Peoples for ‘Grave Sins’ of Colonialism ICMN Staff • July 10, 2015 In a landmark speech, Pope Francis apologized on Thursday for the “grave sins” of colonialism against Indigenous Peoples of America in a speech to grassroots groups in Bolivia. “Some may rightly say, ‘When the pope speaks of colonialism, he overlooks certain actions of the church,’ ” the Pope said, according to The New York Times. “I say this to you with regret: Many grave sins were committed against the Native people of America in the name of God.” He didn’t stop there.

“I humbly ask forgiveness, not only for the offense of the church herself, but also for crimes committed against the native peoples during the so-called conquest of America,” The New York Times reported. He spoke to a crowd of more than 1,500 at the World Meeting of Popular Movements, standing side-byside with Bolivian President Evo Morales, the Andean nation’s first indigenous president. Although Latin American church leaders have issued apologies in the past, this one went further and was much more targeted, the Associated Press reported. Previous apologies had not been directed at Indigenous Peoples of the Americas, AP said. The Catholic Church was one of many Christian denominations that ran boarding schools in Canada and the U.S. designed to “kill the Indian in the child” by taking kids from their families, cutting them off from their culture and educating them in the ways of the European-minded settlers. The Canadian Truth and Reconciliation Commission on June 2 came out with a report calling such practices “cultural genocide” and recommending that Prime Minister Stephen Harper ask the Pope for an apology. Though Harper met with Pope Francis and mentioned the report, he did not specifically request the apology, and the Pontiff’s words in Bolivia did not reference the TRC document. RELATED: Pope Francis and Prime Minister Stephen Harper Talk Truth and Reconciliation at Vatican Many have called for him to outright rescind the Doctrine of Discovery, which paved the way for centuries of oppression against Indigenous Peoples. RELATED: Nuns Urge Pope to Rescind Doctrine of Discovery The Pontiff is touring South America for eight days, with stops in Ecuador, Bolivia and Paraguay. He has come out strongly against the environmental ravages and social injustice of climate change, and in Thursday’s speech he continued in that vein, by calling leaders who do not defend Mother Earth “cowards.” He also said they are committing “a grave sin,” AP said. RELATED: Pope Francis: Protecting Mother Earth Is Our Duty, Not an Option Pope Francis: Indigenous Peoples ‘Should Be the Principal Dialogue Partners’ on Projects

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The Holy See

MESSAGE OF HIS HOLINESS POPE FRANCIS FOR THE CELEBRATION OF THE WORLD DAY OF PEACE 1 JANUARY 2015 NO LONGER SLAVES, BUT BROTHERS AND SISTERS   1. At the beginning of this New Year, which we welcome as God’s gracious gift to all humanity, I offer heartfelt wishes of peace to every man and woman, to all the world’s peoples and nations, to heads of state and government, and to religious leaders. In doing so, I pray for an end to wars, conflicts and the great suffering caused by human agency, by epidemics past and present, and by the devastation wrought by natural disasters. I pray especially that, on the basis of our common calling to cooperate with God and all people of good will for the advancement of harmony and peace in the world, we may resist the temptation to act in a manner unworthy of our humanity. In my Message for Peace last year, I spoke of “the desire for a full life… which includes a longing for fraternity which draws us to fellowship with others and enables us to see them not as enemies or rivals, but as brothers and sisters to be accepted and embraced”.[1] Since we are by nature relational beings, meant to find fulfilment through interpersonal relationships inspired by justice and love, it is fundamental for our human development that our dignity, freedom and autonomy be acknowledged and respected. Tragically, the growing scourge of man’s exploitation by man gravely damages the life of communion and our calling to forge interpersonal relations marked by respect, justice and love. This abominable phenomenon, which leads to contempt for the fundamental rights of others and to the suppression of their freedom and dignity, takes many forms. I would like briefly to consider these, so that, in the light of God’s word, we can consider all men and women “no longer slaves, but brothers and sisters”.

Listening to God’s plan for humanity

- 167 AG/RES. 2888 (XLVI-O/16) AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES (Adopted at the third plenary session, held on June 15, 2016) THE GENERAL ASSEMBLY, RECALLING the contents of resolution AG/RES. 2867 (XLIV-O/14), “Draft American Declaration on the Rights of Indigenous Peoples,” as well as all the previous resolutions on this issue; RECALLING also the “Declaration on the Rights of the Indigenous Peoples in the Americas,” document AG/DEC. 79 (XLIV-O/14), which reaffirms that progress in promoting and effectively protecting the rights of the indigenous peoples of the Americas is a priority for the Organization of American States; RECOGNIZING the valuable provided by the member states, observer states, the organs, agencies, and entities of the Organization of American States for the process within the Working Group to Prepare the Draft American Declaration on the Rights of Indigenous Peoples; RECOGNIZING as well the important participation of indigenous peoples of the Americas in the process of preparing this Declaration; and TAKING INTO the significant contribution that the indigenous peoples of the Americas have made to humanity, RESOLVES: To adopt the following Draft American Declaration on the Rights of Indigenous Peoples.1/, 2/

1. 2.

The United States remains committed to addressing the urgent issues of concern to indigenous peoples across the Americas, including combating societal discrimination against indigenous peoples and… Canada reiterates its commitment to a renewed relationship with its Indigenous peoples, based on recognition of rights, respect, co-operation and partnership. Canada is now fully engaged, ...

A/RES/69/16

United Nations

Distr.: General 1 December 2014

General Assembly Sixty-ninth session Agenda item 66 (b)

Resolution adopted by the General Assembly on 18 November 2014 [without reference to a Main Committee (A/69/L.3)]

69/16.

Programme of activities for the implementation of the International Decade for People of African Descent

The General Assembly, Recalling its resolution 68/237 of 23 December 2013, by which it proclaimed the International Decade for People of African Descent, commencing on 1 January 2015 and ending on 31 December 2024, with the theme “People of African descent: recognition, justice and development”, to be officially launched immediately following the general debate of the sixty-ninth session of the General Assembly, and to this end emphasizing the opportunity for achieving important synergy in the combating of all the scourges of racism through the effective observance of the Decade, and in this regard contributing to the implementation of the Durban Declaration and Programme of Action,1 Recalling also its resolution 64/169 of 18 December 2009, by which it proclaimed 2011 as the International Year for People of African Descent, bearing in mind the primacy of building on the gains achieved during the implementation of the programme of activities for the Year, and to this end recalling paragraph 61 of its resolution 66/144 of 19 December 2011, by which it encouraged the Working Group of Experts on People of African Descent to develop a programme of action, including a theme, for adoption by the Human Rights Council, with a view to proclaiming the International Decade for People of African Descent before the end of 2013, Recalling further its resolution 52/111 of 12 December 1997, by which it decided to convene the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and its resolutions 56/266 of 27 March 2002, 57/195 of 18 December 2002, 58/160 of 22 December 2003, 59/177 of 20 December 2004 and 60/144 of 16 December 2005, which guided the comprehensive follow-up to the World Conference and the effective implementation of the Durban Declaration and Programme of Action, Cognizant of its resolution 62/122 of 17 December 2007, by which it designated 25 March as the International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade, _______________ 1

See A/CONF.189/12 and Corr.1, chap. I.

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Committed to upholding human dignity and equality for the victims of slavery, the slave trade and colonialism, in particular people of African descent in the African diaspora, Welcoming the work undertaken by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on the elaboration of a draft programme of activities for the implementation of the International Decade for People of African Descent, Taking note of the report of the Intergovernmental Working Group on the elaboration of a draft programme of activities for the implementation of the Decade,2 1. Adopts the programme of activities for the implementation of the International Decade for People of African Descent annexed to the present resolution; 2. Urges States to ensure that activities and objectives for the Decade are planned and implemented in accordance with paragraph 10 of the programme of activities for the implementation of the Decade on the basis of full consultation and collaboration with people of African descent; 3. Decides to appoint the United Nations High Commissioner for Human Rights to act as coordinator of the Decade in order to follow up on the implementation of activities in the framework of the Decade; 4. Requests States and encourages relevant human rights bodies, organs and mechanisms of the United Nations, specialized agencies, funds and programmes, international, regional, subregional and non-governmental organizations, including organizations of people of African descent, national human rights institutions and other stakeholders to develop and implement specific action-oriented activities in their areas of competence; 5. Requests the Secretary-General to submit annually a progress report on the implementation of the activities of the Decade; 6. Also requests the Secretary-General to allocate predictable funding from the regular budget of the United Nations for the effective implementation of the programme of activities for the Decade, and invites Member States and other donors to provide extrabudgetary resources for this purpose; 7. Requests the President of the General Assembly to convene a midterm review to take stock of the progress made and decide on further necessary actions before the seventy-fourth session of the Assembly; 8. Requests the Secretary-General to convene a final assessment of the Decade, to take place within the framework of a high-level international event, marking the closure of the Decade; Decides to officially launch the Decade in accordance with General 9. Assembly resolution 68/237 immediately following the general debate of the sixtyninth session of the Assembly, with the requisite global visibility and appropriate profile, whose modalities shall be coordinated by the President of the Assembly in consultation with Member States. 55th plenary meeting 18 November 2014

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Annex Programme of activities for the implementation of the International Decade for People of African Descent I.

Introduction

A.

Background

1. The International Decade for People of African Descent, to be observed from 2015 to 2024, constitutes an auspicious period of history when the United Nations, Member States, civil society and all other relevant actors will together with people of African descent and take effective measures for the implementation of the programme of activities in the spirit of recognition, justice and development. The programme of activities recognizes that the Durban Declaration and Programme of Action3 is a comprehensive United Nations framework and a solid foundation for combating racism, racial discrimination, xenophobia and related intolerance, and represents a new stage in the efforts of the United Nations and the international community to restore the rights and dignity of people of African descent. 2. The implementation of the programme of activities for the International Decade is an integral part of the full and effective implementation of the Durban Declaration and Programme of Action and in compliance with the International Convention on the Elimination of All Forms of Racial Discrimination 4 as the principal international instruments for the elimination of racism, racial discrimination, xenophobia and related intolerance. Important synergies should therefore be achieved through the International Decade in the fight against racism, racial discrimination, xenophobia and related intolerance. 3. The Durban Declaration and Programme of Action acknowledged that people of African descent were victims of slavery, the slave trade and colonialism, and continue to be victims of their consequences. The Durban process raised the visibility of people of African descent and contributed to a substantive advancement in the promotion and protection of their rights as a result of concrete actions taken by States, the United Nations, other international and regional bodies and civil society. 4. Regrettably, despite the above-mentioned advances, racism and racial discrimination, both direct and indirect, de facto and de jure, continue to manifest themselves in inequality and disadvantage. People of African descent throughout the world, whether as descendants of the victims of the transatlantic slave trade or as more recent migrants, constitute some of the poorest and most marginalized groups. Studies and findings by international and national bodies demonstrate that people of African descent still have limited access to quality education, health services, housing and social security. In many cases, their situation remains largely invisible, and insufficient recognition and respect has been given to the efforts of people of African descent to seek redress for their present condition. They all too often experience discrimination in their access to justice, and face alarmingly high rates of police violence, together with racial profiling. Furthermore, their degree of political participation is often low, both in voting and in occupying political positions. 5. People of African descent can suffer from multiple, aggravated or intersecting forms of discrimination based on other related grounds, such as age, _______________ 3 4

See A/CONF.189/12 and Corr.1, chap. I. United Nations, Treaty Series, vol. 660, No. 9464.

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sex, language, religion, political or other opinion, social origin, property, disability, birth or other status. 6. The promotion and protection of human rights of people of African descent should be a priority concern for the United Nations. In this regard, the International Decade for People of African Descent is a timely and important initiative, a unique opportunity to underline the important contribution made by people of African descent to our societies and to propose concrete measures to promote their full inclusion and to combat racism, racial discrimination, xenophobia and related intolerance. B.

Theme of the International Decade

7. As proclaimed by the General Assembly in its resolution 68/237, the theme of the International Decade is “People of African descent: recognition, justice and development”. C.

Objectives of the International Decade

8. Non-discrimination and equality before and of the law constitute fundamental principles of international human rights law, and underpin the Universal Declaration of Human Rights5 and the main international human rights treaties and instruments. As such, the main objective of the International Decade should be to promote respect, protection and fulfilment of all human rights and fundamental freedoms by people of African descent, as recognized in the Universal Declaration of Human Rights. This main objective can be achieved through the full and effective implementation of the Durban Declaration and Programme of Action, the outcome document of the Durban Review Conference 6 and the political declaration commemorating the tenth anniversary of the adoption of the Durban Declaration and Programme of Action,7 and through the universal accession to or ratification of and full implementation of the obligations arising under the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international and regional human rights instruments. 9.

The International Decade shall focus on the following specific objectives:

(a) To strengthen national, regional and international action and cooperation in relation to the full enjoyment of economic, social, cultural, civil and political rights by people of African descent and their full and equal participation in all aspects of society; (b) To promote a greater knowledge of and respect for the diverse heritage, culture and contribution of people of African descent to the development of societies; (c) To adopt and strengthen national, regional and international legal frameworks in accordance with the Durban Declaration and Programme of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, and to ensure their full and effective implementation.

_______________ 5

Resolution 217 A (III). See A/CONF.211/8, chap. I. 7 Resolution 66/3. 6

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II.

Activities to be conducted during the International Decade

A.

National level

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10. States should take concrete and practical steps through the adoption and effective implementation of national and international legal frameworks, policies and programmes to combat racism, racial discrimination, xenophobia and related intolerance faced by people of African descent, taking into the particular situation of women, girls and young males, by, inter alia, the activities described below. 1.

Recognition

(a)

Right to equality and non-discrimination

11.

States should:

(a) Remove all obstacles that prevent their equal enjoyment of all human rights, economic, social, cultural, civil and political, including the right to development; (b) Promote the effective implementation of national and international legal frameworks; (c) Withdraw reservations contrary to the object and purpose of the International Convention on the Elimination of All Forms of Racial Discrimination, and consider withdrawing other reservations; (d) Undertake a comprehensive review of domestic legislation with a view to identifying and abolishing provisions that entail direct or indirect discrimination; (e) Adopt or strengthen comprehensive anti-discrimination legislation and ensure its effective implementation; (f) Provide effective protection for people of African descent, and review and repeal all laws that have a discriminatory effect on people of African descent facing multiple, aggravated or intersecting forms of discrimination; (g) Adopt, strengthen and implement action-oriented policies, programmes and projects to combat racism, racial discrimination, xenophobia and related intolerance designed to ensure full and equal enjoyment of human rights and fundamental freedoms by people of African descent; States are also encouraged to elaborate national plans of action to promote diversity, equality, equity, social justice, equality of opportunity and the participation of all; (h) Establish and/or strengthen national mechanisms or institutions with a view to formulating, monitoring and implementing policies to combat racism, racial discrimination, xenophobia and related intolerance and promoting racial equality, with the participation of representatives of civil society; (i) As appropriate, establish and/or strengthen independent national human rights institutions, in conformity with the Paris Principles, 8 and/or similar mechanisms with the participation of civil society, and provide them with adequate financial resources, competence and capacity for protection, promotion and monitoring to combat racism, racial discrimination, xenophobia and related intolerance.

_______________ 8

Resolution 48/134, annex.

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(b)

Education on equality and awareness-raising

12.

States should:

(a) Celebrate the launch of the International Decade at the national level, and develop national programmes of action and activities for the full and effective implementation of the Decade; (b) Organize national conferences and other events aimed at triggering an open debate and raising awareness on the fight against racism, racial discrimination, xenophobia and related intolerance, with the participation of all relevant stakeholders, including government, civil society representatives and individuals or groups of individuals who are victims; (c) Promote greater knowledge and recognition of and respect for the culture, history and heritage of people of African descent, including through research and education, and promote full and accurate inclusion of the history and contribution of people of African descent in educational curricula; (d) Promote the positive role that political leaders and political parties, leaders of religious communities and the media could further play in fighting racism, racial discrimination, xenophobia and related intolerance by, inter alia, publicly recognizing and respecting the culture, history and heritage of people of African descent; (e) Raise awareness through information and education measures with a view to restoring the dignity of people of African descent, and consider making available the for such activities to non-governmental organizations; (f) education and training initiatives for non-governmental organizations and people of African descent in the use of the tools provided by international human rights instruments relating to racism, racial discrimination, xenophobia and related intolerance; (g) Ensure that textbooks and other educational materials reflect historical facts accurately as they relate to past tragedies and atrocities, in particular slavery, the slave trade, the transatlantic slave trade and colonialism, so as to avoid stereotypes and the distortion or falsification of these historical facts, which may lead to racism, racial discrimination, xenophobia and related intolerance, including the role of respective countries therein, by: (i)

ing research and educational initiatives;

(ii) Giving recognition to the victims and their descendants through the establishment of memorial sites in countries that profited from and/or were responsible for slavery, the slave trade, the transatlantic slave trade and colonialism and past tragedies where there is none, as well as at departure, arrival and relocation points, and by protecting related cultural sites. (c)

Information-gathering

13. In accordance with paragraph 92 of the Durban Programme of Action, States should collect, compile, analyse, disseminate and publish reliable statistical data at the national and local levels and take all other related measures necessary to assess regularly the situation of people of African descent who are victims of racism, racial discrimination, xenophobia and related intolerance. 14. Such statistical data should be disaggregated in accordance with national legislation, upholding the right to privacy and the principle of self-identification. 6/12

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15. The information should be collected to monitor the situation of people of African descent, assess progress made, increase their visibility and identify social gaps. It should also be used to assess and guide the formulation of policies and actions to prevent, combat and eradicate racism, racial discrimination, xenophobia and related intolerance. (d)

Participation and inclusion

16. States should adopt measures to enable the full, equal and effective participation of people of African descent in public and political affairs without discrimination, in accordance with international human rights law. 2.

Justice

(a)

Access to justice

17.

States should take further measures, by:

(a) Introducing measures to ensure equality before the law, notably in the enjoyment of the right to equal treatment before the tribunals and all other organs istering justice; (b) Deg, implementing and enforcing effective measures to eliminate the phenomenon popularly known as “racial profiling”; (c) Eliminating institutionalized stereotypes concerning people of African descent and applying appropriate sanctions against law enforcement officials who act on the basis of racial profiling; (d) Ensuring that people of African descent have full access to effective protection and remedies through the competent national tribunals and other State institutions against any acts of racial discrimination, and the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination; (e) Adopting effective and appropriate measures, including legal measures as appropriate, to combat all acts of racism, in particular the dissemination of ideas based on racial superiority or hatred, incitement to racial hatred, violence or incitement to racial violence, as well as racist propaganda activities and participation in racist organizations; States are also encouraged to ensure that such motivations are considered an aggravating factor for the purpose of sentencing; (f) Facilitating access to justice for people of African descent who are victims of racism by providing the requisite legal information about their rights, and providing legal assistance when appropriate; (g) Preventing and punishing all human rights violations affecting people of African descent, including violence, acts of torture and inhuman or degrading treatment, including those committed by State officials; (h) Ensuring that people of African descent, like all other persons, enjoy all the guarantees of a fair trial and equality before the law as enshrined in relevant international human rights instruments, and specifically the right to the presumption of innocence, the right to assistance of counsel and to an interpreter, the right to an independent and impartial tribunal, guarantees of justice, and all the rights to which prisoners are entitled; (i) Acknowledging and profoundly regretting the untold suffering and evils inflicted on millions of men, women and children as a result of slavery, the slave 7/12

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trade, the transatlantic slave trade, colonialism, apartheid, genocide and past tragedies, noting that some States have taken the initiative to apologize and have paid reparation, where appropriate, for grave and massive violations committed, and calling upon those that have not yet expressed remorse or presented apologies to find some way to contribute to the restoration of the dignity of victims; (j) Inviting the international community and its to honour the memory of the victims of these tragedies with a view to closing those dark chapters in history and as a means of reconciliation and healing; further noting that some have taken the initiative of regretting or expressing remorse or presenting apologies, and calling upon all those that have not yet contributed to restoring the dignity of the victims to find appropriate ways to do so and, to this end, appreciating those countries that have done so; (k) Calling upon all States concerned to take appropriate and effective measures to halt and reverse the lasting consequences of those practices, bearing in mind their moral obligations. (b)

Special measures

18. The adoption of special measures, such as affirmative action, where appropriate, is essential to alleviating and remedying disparities in the enjoyment of human rights and fundamental freedoms affecting people of African descent, protecting them from discrimination and overcoming persistent or structural disparities and de facto inequalities resulting from historical circumstances. As such, States should develop or elaborate national plans of action to promote diversity, equality, social justice, equality of opportunity and the participation of all. By means of, inter alia, affirmative or positive actions and strategies, these plans should aim at creating conditions for all to participate effectively in decision-making and to realize civil, cultural, economic, political and social rights in all spheres of life on the basis of non-discrimination. 3.

Development

(a)

Right to development and measures against poverty

19. Consistent with the Declaration on the Right to Development,9 States should adopt measures aimed at guaranteeing active, free and meaningful participation by all individuals, including people of African descent, in development and decisionmaking related thereto and in the fair distribution of benefits resulting therefrom. 20. Recognizing that poverty is both a cause and a consequence of discrimination, States should, as appropriate, adopt or strengthen national programmes for eradicating poverty and reducing social exclusion that take of the specific needs and experiences of people of African descent, and should also expand their efforts to foster bilateral, regional and international cooperation in implementing those programmes. 21. States should implement actions to protect ancestral groups of people of African descent.

_______________ 9

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(b)

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Education

22. States should take all necessary measures to give effect to the right of people of African descent, particularly children and young people, to free primary education and access to all levels and forms of quality public education without discrimination. States should: (a) Ensure that quality education is accessible and available in areas where communities of African descent live, particularly in rural and marginalized communities, with attention to improving the quality of public education; (b) Take measures to ensure that public and private education systems do not discriminate against or exclude children of African descent, and that they are protected from direct or indirect discrimination, negative stereotyping, stigmatization and violence from peers or teachers; to this end, training and sensitization should be provided to teachers and measures should be taken to increase the number of teachers of African descent working in educational institutions. (c)

Employment

23. States should take concrete measures to eliminate racism, racial discrimination, xenophobia and related intolerance in the workplace against all workers, in particular people of African descent, including migrants, and ensure the full equality of all before the law, including labour law, and eliminate barriers, where appropriate, to participation in vocational training, collective bargaining, employment, contracts and trade union activity; access to judicial and istrative tribunals dealing with grievances; seeking employment in different parts of their country of residence; and working in safe and healthy conditions. (d)

Health

24. States should take measures to improve access to quality health services for people of African descent. (e)

Housing

25. Recognizing the poor and insecure housing conditions in which many people of African descent live, States should develop and implement policies and projects as appropriate aimed at, inter alia, ensuring that they gain and sustain a safe and secure home and community in which to live in peace and dignity. 4.

Multiple or aggravated discrimination

26. States should adopt and implement policies and programmes that provide effective protection for, and review and repeal all policies and laws that could discriminate against, people of African descent facing multiple, aggravated or intersecting forms of discrimination based on other related grounds, such as sex, language, religion, political or other opinion, social origin, property, birth, disability or other status. 27. States should mainstream a gender perspective when deg and monitoring public policies, taking into the specific needs and realities of women and girls of African descent, including in the area of sexual and reproductive health and reproductive rights in accordance with the Programme of Action of the International

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Conference on Population and Development,10 the Beijing Platform for Action11 and the outcome documents of their review conferences, and ensure adequate access to maternal health care. B.

Regional and international levels

1.

Steps to be taken by the international community and international and regional organizations

28. The international community, international and regional organizations, in particular relevant United Nations programmes, funds, specialized agencies and other bodies, international financial and development institutions, and other international mechanisms within their areas of competence should give high priority to programmes and projects specifically tailored for combating racism and racial discrimination against people of African descent, taking fully into the Durban Declaration and Programme of Action, the outcome document of the Durban Review Conference, the International Convention on the Elimination of All Forms of Racial Discrimination and the political declaration of the high-level meeting of the General Assembly to commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action, and should, inter alia: (a) Take measures to raise awareness about the International Decade, including through awareness-raising campaigns, and organizing and ing other activities, bearing in mind the theme of the Decade; (b) Continue to disseminate widely the Durban Declaration and Programme of Action, the outcome document of the Durban Review Conference and the political declaration of the high-level meeting of the General Assembly to commemorate the tenth anniversary of the adoption of the Durban Declaration and Programme of Action; (c) Continue to raise awareness about the International Convention on the Elimination of All Forms of Racial Discrimination; (d) Assist States in the full and effective implementation of the obligations arising under the International Convention on the Elimination of All Forms of Racial Discrimination, and in ratifying or acceding to the Convention, with a view to attaining its universal ratification; (e) Assist States in the full and effective implementation of their commitments under the Durban Declaration and Programme of Action; (f) Incorporate human rights into development programmes, including in the areas of access to and enjoyment of the rights to education, employment, health, housing, land and labour; (g) Assign particular priority to the projects devoted to the collection of statistical data; (h) initiatives and projects aimed at honouring and preserving the historical memory of people of African descent;

_______________ 10 Report of the International Conference on Population and Development, Cairo, 5–13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex. 11 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II.

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(i) Use the Decade as an opportunity to engage with people of African descent on appropriate and effective measures to halt and reverse the lasting consequences of slavery, the slave trade and the transatlantic slave trade in captured African people and, to this end, ensure the participation of and consultation with non-governmental organizations, other stakeholders and civil society at large; (j) In planning activities for the Decade, examine how existing programmes and resources might be utilized to benefit people of African descent more effectively; (k) Give due consideration to the goals and objectives aimed at the elimination of racism, racial discrimination, xenophobia and related intolerance against people of African descent in the discussions held by the United Nations on the post-2015 development agenda. 2.

Steps and measures to be taken by the General Assembly

29.

The General Assembly should:

(a) Appoint the United Nations High Commissioner for Human Rights to act as coordinator of the Decade in order to follow up on the implementation of activities in the framework of the Decade; (b) Request the Secretary-General to submit an annual progress report on the implementation of activities of the Decade, taking into information and views provided by States, relevant human rights bodies, organs and mechanisms of the United Nations, specialized agencies, funds and programmes, international, regional, subregional and non-governmental organizations, including organizations of people of African descent, national human rights institutions and other stakeholders; (c) Request the Department of Public Information of the Secretariat, in collaboration with the United Nations Educational, Scientific and Cultural Organization, the Office of the United Nations High Commissioner for Human Rights and regional and subregional organizations, to launch an awareness-raising campaign to inform the general public of the history, contributions, including to global development, challenges, contemporary experiences and situation of human rights of people of African descent; (d) Encourage the issuance of a stamp by the United Nations postal istration on the International Decade for People of African Descent; (e) Invite regional and subregional organizations, specialized agencies, and United Nations programmes, funds and offices to develop studies in their respective areas of competence and expertise and to report on the themes of the Decade; such studies could be used to inform a midterm review of the Decade to monitor the progress made, share learning practices among key actors and inform plans and policies for the remaining five years of the Decade and beyond; (f) Request the Office of the United Nations High Commissioner for Human Rights to continue and strengthen its fellowship programme for people of African descent during the Decade; (g) Request the Office of the High Commissioner to include a section on the anti-discrimination database on the International Decade for People of African Descent; (h) Request States to consider adopting measures to further promote and protect the human rights of people of African descent as enshrined in international 11/12

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Programme of activities for the implementation of the International Decade for People of African Descent

human rights instruments, including through the elaboration of a draft United Nations declaration on the promotion and full respect of human rights of people of African descent; (i) Decide to establish a forum to serve as a consultation mechanism, to be provided by one of the existing Durban follow-up mechanisms such as the Working Group of Experts on People of African Descent or the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, and in this regard requests the Human Rights Council to allocate two or three days of the annual sessions of one of these mechanisms that shall be devoted to this purpose and that would ensure the inclusive participation of all States of the United Nations, United Nations funds and programmes, specialized agencies, civil society organizations of people of African descent and all other relevant stakeholders; (j) Request the United Nations High Commissioner for Human Rights to further increase and strengthen for the relevant mechanisms of the Human Rights Council in combating racism, racial discrimination, xenophobia and related intolerance in the context of the Decade; (k) Encourage all States, intergovernmental and non-governmental organizations, private institutions and individuals, as well as other donors in a position to do so, to contribute generously to the Trust Fund for the Programme for the Decade for Action to Combat Racism and Racial Discrimination with a view to contributing to the successful implementation of the programme; (l) Request the Secretary-General to accord high priority to executing the programme of activities for the International Decade, and to allocate predictable funding from the regular budget and from extrabudgetary resources of the United Nations to the effective implementation of the programme of action and activities of the Decade; (m) Keep the Decade under review, and convene a midterm review to take stock of the progress made and decide on further necessary actions; (n) Convene a final assessment of the Decade, to be held within the framework of a high-level international event, marking the closure of the International Decade for People of African Descent; (o) Ensure the completion of the construction and the inauguration, before the midterm review in 2020, of a permanent memorial at United Nations Headquarters to honour the memory of the victims of slavery and the transatlantic slave trade.

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Universal Declaration of Human Rights Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by

teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth 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 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier

penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16

1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

United Nations

United Nations Declaration on the Rights of Indigenous PeopleS

Published by the United Nations 07-58681—March 2008—4,000

United Nations

United Nations Declaration on the Rights of Indigenous Peoples

Resolution adopted by the General Assembly [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 2006,1 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, 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,

1. See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A.

1

Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, 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 differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination 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, territories 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 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, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive 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 oppression 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, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social 2

progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements 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 relationship 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 Economic, Social and Cultural Rights2 and the International 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 virtue of which they freely determine their political 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 enhance harmonious and cooperative relations between 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 effectively implement all their obligations as they apply to indigenous peoples under international instruments, 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 promoting and protecting the rights of indigenous peoples, See resolution 2200 A (XXI), annex.

2.

A/CONF.157/24 (Part I), chap. III.

3.

3

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 enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and international 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 discrimination, 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-determination. By virtue of that right they freely determine 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

Resolution 217 A (III).

4.

4

their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 5 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 6 Every indigenous individual has the right to a nationality. Article 7 1.  Indigenous individuals have the rights to life, physical and mental integrity, liberty and security 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 another group. 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 integration; (e)  Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

5

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 discrimination 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 customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. 2.  States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without 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 ceremonial 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, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

6

Article 13 1.  Indigenous peoples have the right to revitalize, use, develop and transmit to future generations 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 istrative proceedings, where necessary through the provision of interpretation or by other appropriate means. Article 14 1.  Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2.  Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3.  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 15 1.  Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. 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 media without discrimination. 7

2.  States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage 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 applicable 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 their special vulnerability and the importance of education 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 their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decisionmaking 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 before adopting and implementing legislative or istrative 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 enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. 8

2.  Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. Article 21 1.  Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2.  States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities. Article 22 1.  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. 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. Article 23 Indigenous peoples have the right to determine and develop priorities and strategies for exercising 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 programmes affecting them and, as far as possible, to ister such programmes through their own institutions. Article 24 1.  Indigenous peoples have the right to their traditional 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 standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. 9

Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 26 1.  Indigenous peoples have the right to the lands, territories and resources which they have traditionally 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 traditional ownership or other traditional occupation 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 systems of the indigenous peoples concerned. Article 27 States shall establish and implement, in conjunction 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 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. 2.  Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources

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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 conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2.  States shall take effective measures to ensure that no storage or disposal of hazardous materials 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 ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented. Article 30 1.  Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2.  States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. Article 31 1.  Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

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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 development, utilization or exploitation of mineral, water or other resources. 3.  States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. Article 33 1.  Indigenous peoples have the right to determine their own identity or hip in accordance 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 hip of their institutions in accordance with their own procedures. Article 34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Article 35 Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

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Article 36 1.  Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop s, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own as well as other peoples across borders. 2.  States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right. Article 37 1.  Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with 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 or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. Article 38 States, in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 39 Indigenous peoples have the right to have access 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 procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective 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.

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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 Declaration and follow up the effectiveness of this Declaration. 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 indigenous peoples have now or may acquire in the future. Article 46 1.  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 act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. 2.  In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law 14

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 principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

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