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United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

Thérèse Ottawa via Wikimedia Commons

Adopted by: United Nations General Assembly (resolution 61/295) · Kind: Declaration · Scope: Universal · Adopted: 2007

Adopted by the UN General Assembly in 2007 by 144 votes to 4, with all four opposing states since reversing their position, this declaration sets a standard for the rights of indigenous peoples. It affirms their right to self-determination, to autonomy in their internal and local affairs, and to maintain their own distinct institutions while participating fully in the life of the state. Its preamble names the historic injustices of colonisation and dispossession, and rejects doctrines of superiority as racist, scientifically false, legally invalid and morally condemnable. It is a declaration rather than a treaty, proclaimed as a standard of achievement to be pursued in a spirit of partnership and mutual respect.

The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on 13 September 2007 in resolution 61/295. The vote was 144 in favour, four against and eleven abstaining, and all four states that voted against have since reversed to support. It is a declaration rather than a binding treaty, and it proclaims itself a standard of achievement to be pursued in a spirit of partnership and mutual respect.

Its preamble runs to 24 clauses and does two things at once. It affirms that indigenous peoples are equal to all other peoples while recognising the right of all peoples to be different, and it states that doctrines of superiority based on national, racial, religious, ethnic or cultural difference are racist, scientifically false, legally invalid, morally condemnable and socially unjust. It also names the historic injustices indigenous peoples have suffered from colonisation and dispossession of their lands, and recognises the urgent need to respect rights deriving from indigenous peoples' own political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies.

The opening articles establish standing and self-determination. Indigenous peoples have the right to the full enjoyment, collectively or individually, of all human rights recognised in the UN Charter, the Universal Declaration and international human rights law, and to freedom from discrimination based on indigenous origin or identity. They have the right of self-determination, freely determining their political status and pursuing their development, and the right to autonomy or self-government in matters relating to internal and local affairs, including the means for financing their autonomous functions. They may maintain distinct institutions while retaining the right to participate fully in the life of the State. Articles 7 and 8 name the harms directly: the collective right to live in freedom, peace and security, not to be subjected to genocide or forcible removal of children, and not to be subjected to forced assimilation or destruction of culture, with a state duty to provide redress for deprivation of cultural identity, dispossession of lands, forced population transfer, forced assimilation and discriminatory propaganda.

Free, prior and informed consent is the Declaration's central operating standard and it recurs throughout. Indigenous peoples shall not be forcibly removed from their lands, and relocation requires their free, prior and informed consent together with agreement on just compensation and, where possible, the option of return. States must consult and cooperate in good faith to obtain that consent before adopting measures that may affect them, must obtain it before approving projects affecting indigenous lands and particularly resource extraction, must not permit hazardous materials to be stored on indigenous lands without it, and must provide redress for cultural or spiritual property taken without it. Article 28 states the right to redress, meaning restitution or just and fair compensation, for lands and resources confiscated, taken or damaged without that consent.

Culture, knowledge and land run together through Articles 11 to 32. Indigenous peoples have the right to practise and revitalise their cultural traditions including archaeological sites, artefacts, ceremonies and arts; to manifest their spiritual and religious traditions, maintain access to religious and cultural sites and have human remains repatriated; to revitalise and transmit their histories, languages, oral traditions and writing systems and to designate their own names for communities, places and persons; to establish their own educational institutions in their own languages and to access all levels of State education without discrimination; to establish their own media; to participate in decision-making through their own chosen representatives; to maintain their political, economic and social systems and be secure in their own means of subsistence, with redress where those means have been taken away; to determine their own priorities and strategies for development, health, housing and economic programmes and administer them through their own institutions; to their traditional medicines and health practices including conservation of vital medicinal plants, animals and minerals; to maintain their distinctive spiritual relationship with traditionally owned lands, territories, waters and coastal seas and to uphold their responsibilities to future generations; to the lands, territories and resources they have traditionally owned, occupied or used, with States required to give legal recognition and protection respecting indigenous customs, traditions and land tenure systems and to establish a fair, independent and transparent adjudication process with indigenous participation; to conservation and protection of the environment and productive capacity of their lands; and to maintain, control and develop their cultural heritage, traditional knowledge, genetic resources, seeds, medicines and traditional cultural expressions, including intellectual property over them. Military activities may not take place on indigenous lands unless justified by relevant public interest or freely agreed after effective consultation.

The closing articles define the Declaration's own limits and its floor. Indigenous peoples determine their own identity and membership according to their customs without impairing individuals' right to State citizenship, maintain their institutional structures, customs, spirituality and juridical systems in accordance with international human rights standards, determine the responsibilities of individuals to their communities, and, where divided by international borders, maintain contacts and cooperation across them. Treaties and agreements concluded with States are to be recognised and enforced, and nothing in the Declaration diminishes rights contained in them. Article 43 states that the rights recognised constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world, and Article 45 forbids reading the Declaration as diminishing or extinguishing rights held now or acquired in future. Article 46 sets the counterweight: nothing implies a right to act contrary to the UN Charter or to impair the territorial integrity or political unity of sovereign States, limitations must be determined by law, non-discriminatory and strictly necessary, and the whole is to be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

One fact from this project's own work belongs on this record. The Ethics Bank mining pass of 12 August 2026 found that the SDF book repeatedly draws on Indigenous ethical frameworks, including the Haudenosaunee Seventh Generation principle and Buen Vivir, without ever naming this Declaration. The instrument is held here for that reason as much as any other.

Key provisions · 46 provisions

  • Article 1

    Indigenous peoples have the right to the full enjoyment, collectively or individually, of all human rights and fundamental freedoms recognized in the UN Charter, the UDHR, and international human rights law.

    indigenous · human-rights

  • Article 2

    Indigenous peoples and individuals are free and equal to all others and have the right to be free from discrimination based on their indigenous origin or identity.

    non-discrimination · indigenous

  • Article 3

    Indigenous peoples have the right to self-determination, freely determining their political status and pursuing their economic, social, and cultural development.

    self-determination

  • Article 4

    Indigenous peoples have the right to autonomy or self-government in matters relating to their internal and local affairs, including means to finance their autonomous functions.

    autonomy · self-government

  • Article 5

    Indigenous peoples have the right to maintain and strengthen their distinct institutions while retaining the right to participate fully in the state's political, economic, social, and cultural life.

    institutions · participation

  • Article 6

    Every indigenous individual has the right to a nationality.

    nationality

  • Article 7

    Indigenous individuals have the rights to life, physical and mental integrity, liberty, and security, and indigenous peoples have the collective right to live in freedom, peace, and security, free from genocide or the forcible removal of their children.

    life · security · genocide

  • Article 8

    Indigenous peoples have the right not to be subjected to forced assimilation or destruction of their culture, with states providing redress for cultural dispossession, forced population transfer, or discriminatory propaganda.

    forced-assimilation · culture

  • Article 9

    Indigenous peoples and individuals have the right to belong to an indigenous community or nation according to its traditions, without discrimination.

    belonging · community

  • Article 10

    Indigenous peoples must not be forcibly removed from their lands, and any relocation requires free, prior, and informed consent, agreement on just compensation, and where possible the option of return.

    land · forced-removal · consent

  • Article 11

    Indigenous peoples have the right to practise and revitalize their cultural traditions and customs, with states providing redress for cultural or spiritual property taken without free, prior, and informed consent.

    culture · redress

  • Article 12

    Indigenous peoples have the right to manifest, practise, and teach their spiritual and religious traditions, maintain access to religious and cultural sites, and have their human remains repatriated.

    religion · sacred-sites

  • Article 13

    Indigenous peoples have the right to revitalize and transmit their histories, languages, and oral traditions to future generations and to designate their own names for communities, places, and persons.

    language · cultural-transmission

  • Article 14

    Indigenous peoples have the right to establish and control their own educational institutions in their own languages, and indigenous individuals have the right to all levels of state education without discrimination.

    education · language

  • Article 15

    Indigenous peoples have the right to the dignity and diversity of their cultures reflected in education and public information, and states must combat prejudice and promote tolerance.

    dignity · education

  • Article 16

    Indigenous peoples have the right to establish their own media in their own languages and equal access to non-indigenous media without discrimination.

    media

  • Article 17

    Indigenous individuals and peoples have the right to enjoy all rights under applicable labour law, and states must protect indigenous children from economic exploitation.

    labour · child-protection

  • Article 18

    Indigenous peoples have the right to participate in decision-making in matters affecting their rights through representatives they themselves choose.

    decision-making · representation

  • Article 19

    States must consult and cooperate in good faith with indigenous peoples to obtain their free, prior, and informed consent before adopting measures that may affect them.

    consultation · consent

  • Article 20

    Indigenous peoples have the right to maintain their own political, economic, and social systems and to be secure in their means of subsistence, with just redress owed to those deprived of it.

    subsistence · self-determination

  • Article 21

    Indigenous peoples have the right to improvement of their economic and social conditions, with particular attention to the rights and needs of indigenous elders, women, youth, children, and persons with disabilities.

    economic-conditions · vulnerable-groups

  • Article 22

    Particular attention must be paid to the rights of indigenous elders, women, youth, children, and persons with disabilities, and states must ensure indigenous women and children full protection against violence and discrimination.

    vulnerable-groups · violence

  • Article 23

    Indigenous peoples have the right to determine and develop priorities and strategies for their own development, including health, housing, and economic programmes, administered as far as possible through their own institutions.

    development · self-determination

  • Article 24

    Indigenous peoples have the right to their traditional medicines and health practices, including conservation of vital medicinal plants and resources, and an equal right to the highest attainable standard of health.

    traditional-medicine · health

  • Article 25

    Indigenous peoples have the right to maintain their distinctive spiritual relationship with their traditionally owned lands, territories, and waters, and to uphold their responsibilities to future generations.

    land · spirituality · future-generations

  • Article 26

    Indigenous peoples have the right to the lands, territories, and resources they have traditionally owned, occupied, or used, and states must give these legal recognition and protection respecting indigenous customs and land tenure systems.

    land-rights

  • Article 27

    States must establish a fair, independent, and transparent process, with indigenous peoples' participation, to recognize and adjudicate their rights to lands, territories, and resources.

    land-adjudication

  • Article 28

    Indigenous peoples have the right to redress, including restitution or just compensation, for lands and resources confiscated, taken, or damaged without their free, prior, and informed consent.

    redress · land

  • Article 29

    Indigenous peoples have the right to the conservation and protection of the environment and productive capacity of their lands, and states must not store hazardous materials on indigenous lands without free, prior, and informed consent.

    environment · hazardous-materials

  • Article 30

    Military activities must not take place on indigenous peoples' lands unless justified by relevant public interest or freely agreed with the indigenous peoples concerned.

    militarization · land

  • Article 31

    Indigenous peoples have the right to maintain, control, and develop their cultural heritage, traditional knowledge, genetic resources, seeds, medicines, and traditional cultural expressions, including intellectual property over them.

    traditional-knowledge · intellectual-property

  • Article 32

    Indigenous peoples have the right to determine priorities for developing their lands and resources, and states must obtain free and informed consent before approving projects affecting indigenous lands, particularly resource extraction.

    resource-extraction · consent

  • Article 33

    Indigenous peoples have the right to determine their own identity and membership according to their customs, without impairing individuals' right to state citizenship.

    identity · membership

  • Article 34

    Indigenous peoples have the right to promote and maintain their institutional structures, customs, spirituality, and juridical systems, in accordance with international human rights standards.

    institutions · customary-law

  • Article 35

    Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

    community-responsibilities

  • Article 36

    Indigenous peoples divided by international borders have the right to maintain contacts and cooperation across those borders for spiritual, cultural, political, economic, and social purposes.

    cross-border-rights

  • Article 37

    Indigenous peoples have the right to recognition and enforcement of treaties and agreements concluded with states, and nothing in the Declaration diminishes rights contained in such treaties.

    treaties

  • Article 38

    States must take appropriate measures, including legislative measures, to achieve the ends of the Declaration in consultation with indigenous peoples.

    implementation

  • Article 39

    Indigenous peoples have the right to financial and technical assistance from states and international cooperation for the enjoyment of the Declaration's rights.

    assistance · cooperation

  • Article 40

    Indigenous peoples have the right to access just and fair procedures for resolving disputes with states, with due consideration given to indigenous customs and international human rights.

    dispute-resolution

  • Article 41

    UN organs and specialized agencies must contribute to the full realization of the Declaration through financial cooperation and technical assistance.

    un-support

  • Article 42

    The UN, its bodies including the Permanent Forum on Indigenous Issues, and states must promote respect for and follow up on the Declaration's effectiveness.

    monitoring

  • Article 43

    The rights recognized in the Declaration constitute the minimum standards for the survival, dignity, and well-being of the world's indigenous peoples.

    minimum-standards

  • Article 44

    All rights and freedoms recognized in the Declaration are equally guaranteed to male and female indigenous individuals.

    gender-equality

  • Article 45

    Nothing in the Declaration may be construed as diminishing or extinguishing rights indigenous peoples have now or may acquire in future.

    interpretation

  • Article 46

    Nothing in the Declaration implies any right to act contrary to the UN Charter or to impair the territorial integrity of sovereign states, and its provisions must be interpreted in accordance with justice, democracy, human rights, equality, non-discrimination, and good faith.

    territorial-integrity · interpretation

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