Convention Concerning Indigenous and Tribal Peoples in Independent Countries in the United States

PART I. GENERAL POLICY

Article 1

1. This Convention applies to:

(a) tribal peoples in independent countries whose social, cultural and economic
conditions distinguish them from other sections of the national community, and
whose status is regulated wholly or partially by their own customs or traditions
or by special laws or regulations;

(b) peoples in independent countries who are regarded as indigenous on
account of their descent from the populations which inhabited the country, or a
geographical region to which the country belongs, at the time of conquest or
colonisation or the establishment of present state boundaries and who,
irrespective of their legal status, retain some or all of their own social,
economic, cultural and political institutions.

2. Self-identification as indigenous or tribal shall be regarded as a
fundamental criterion for determining the groups to which the provisions of this
Convention apply.

3. The use of the term “peoples” in this Convention shall not be construed
as having any implications as regards the rights which may attach to the term
under international law.

Article 2

1. Governments shall have the responsibility for developing, with the
participation of the peoples concerned, co-ordinated and systematic action to
protect the rights of these peoples and to guarantee respect for their
integrity.

2. Such action shall include measures for:

(a) ensuring that members of these peoples benefit on an equal footing from the
rights and opportunities which national laws and regulations grant to other
members of the population;

(b) promoting the full realisation of the social, economic and cultural rights
of these peoples with respect for their social and cultural identity, their
customs and traditions and their institutions;

(c) assisting the members of the peoples concerned to eliminate socio-economic
gaps that may exist between indigenous and other members of the national
community, in a manner compatible with their aspirations and ways of life.

Article 3

1. Indigenous and tribal peoples shall enjoy the full measure of human
rights and fundamental freedoms without hindrance or discrimination. The
provisions of the Convention shall be applied without discrimination to male and
female members of these peoples.

2. No form of force or coercion shall be used in violation of the human
rights and fundamental freedoms of the peoples concerned, including the rights
contained in this Convention.

Article 4

1. Special measures shall be adopted as appropriate for safeguarding the
persons, institutions, property, labour, cultures and environment of the peoples
concerned.

2. Such special measures shall not be contrary to the freely-expressed
wishes of the peoples concerned.

3. Enjoyment of the general rights of citizenship, without discrimination,
shall not be prejudiced in any way by such special measures.

Article 5

In applying the provisions of this Convention:

(a) the social, cultural, religious and spiritual values and practices of these
peoples shall be recognised and protected, and due account shall be taken of the
nature of the problems which face them both as groups and as individuals;

(b) the integrity of the values, practices and institutions of these peoples
shall be respected;

(c) policies aimed at mitigating the difficulties experienced by these peoples
in facing new conditions of life and work shall be adopted, with the
participation and co-operation of the peoples affected.

Article 6

1. In applying the provisions of this Convention, governments shall:

(a) consult the peoples concerned, through appropriate procedures and in
particular through their representative institutions, whenever consideration is
being given to legislative or administrative measures which may affect them
directly;

(b) establish means by which these peoples can freely participate, to at least
the same extent as other sectors of the population, at all levels of
decision-making in elective institutions and administrative and other bodies
responsible for policies and programmes which concern them;

(c) establish means for the full development of these peoples’ own institutions
and initiatives, and in appropriate cases provide the resources necessary for
this purpose.

2. The consultations carried out in application of this Convention shall be
undertaken, in good faith and in a form appropriate to the circumstances, with
the objective of achieving agreement or consent to the proposed measures.

Article 7

1. The peoples concerned shall have the right to decide their own priorities
for the process of development as it affects their lives, beliefs, institutions
and spiritual well-being and the lands they occupy or otherwise use, and to
exercise control, to the extent possible, over their own economic, social and
cultural development. In addition, they shall participate in the formulation,
implementation and evaluation of plans and programmes for national and regional
development which may affect them directly.

2. The improvement of the conditions of life and work and levels of health
and education of the peoples concerned, with their participation and
co-operation, shall be a matter of priority in plans for the overall economic
development of areas they inhabit. Special projects for development of the
areas in question shall also be so designed as to promote such improvement.

3. Governments shall ensure that, whenever appropriate, studies are carried
out, in co-operation with the peoples concerned, to assess the social,
spiritual, cultural and environmental impact on them of planned development
activities. The results of these studies shall be considered as fundamental
criteria for the implementation of these activities.

4. Governments shall take measures, in co-operation with the peoples
concerned, to protect and preserve the environment of the territories they
inhabit.