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INDIGENOUS PEOPLES
Sociology Index, Sociology Books 2012
Indigenous peoples are those people inhabiting a land prior to colonization by
another nation, like the Arawak and Carib Indians of West Indies.
Indigenous Peoples are distinct populations in that the land on which they live,
and the natural resources on which they depend, are inextricably linked to their
identities and cultures.
DRAFT UNITED NATIONS DECLARATION ON THE RIGHTS
OF INDIGENOUS PEOPLES
Affirming that indigenous peoples are equal in dignity and rights to all other peoples,
while recognizing the right of all peoples to be different, to consider themselves
different, and to be respected as such,
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, racial, religious,
ethnic or cultural differences are racist, scientifically false, legally invalid, morally
condemnable and socially unjust,
Reaffirming also that indigenous peoples, in the exercise of their rights, should be free
from discrimination of any kind,
Concerned that indigenous peoples have been deprived of their human rights and fundamental
freedoms, resulting, inter alia, in 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 and characteristics
of indigenous peoples, especially their rights to their lands, territories and resources,
which derive from their political, economic and social structures and from their cultures,
spiritual traditions, histories and philosophies,
Welcoming the fact that indigenous peoples are organizing themselves for political,
economic, social and cultural enhancement and in order to bring an end to 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 also that respect for indigenous knowledge, cultures and traditional practices
contributes to sustainable and equitable development and proper management of the
environment,
Emphasizing the need for demilitarization of the lands and territories of indigenous
peoples, which will contribute to peace, economic and social 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,
Recognizing also that indigenous peoples have the right freely to determine their
relationships with States in a spirit of coexistence, mutual benefit and full respect,
Considering that treaties, agreements and other arrangements between States and indigenous
peoples are properly matters of international concern and responsibility,
Acknowledging that the Charter of the United Nations, the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil and Political
Rights affirm the fundamental importance of the right of 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 of self-determination,
Encouraging States to comply with and effectively implement all international instruments,
in particular those related to human rights, as they apply to indigenous peoples, 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,
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,
Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous
Peoples:
PART I
Article 1
Indigenous peoples have the right to the full and effective enjoyment of all human rights
and fundamental freedoms recognized in the Charter of the United Nations, the Universal
Declaration of Human Rights and international human rights law.
Article 2
Indigenous individuals and peoples are free and equal to all other individuals and peoples
in dignity and rights, and have the right to be free from any kind of adverse
discrimination, in particular that based on their indigenous origin or identity.
Article 3
Indigenous peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic, social and
cultural development.
Article 4
Indigenous peoples have the right to maintain and strengthen their distinct political,
economic, social and cultural characteristics, as well as their legal systems, while
retaining their rights to participate fully, if they so choose, in the political,
economic, social and cultural life of the State.
Article 5
Every indigenous individual has the right to a nationality.
PART II
Article 6
Indigenous peoples have the collective right to live in freedom, peace and security as
distinct peoples and to full guarantees against genocide or any other act of violence,
including the removal of indigenous children from their families and communities under any
pretext.
In addition, they have the individual rights to life, physical and mental integrity,
liberty and security of person.
Article 7
Indigenous peoples have the collective and individual right not to be subjected to
ethnocide and cultural genocide, including 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 population transfer which has the aim or effect of violating or
undermining any of their rights;
(d) Any form of assimilation or integration by other cultures or ways of life imposed on
them by legislative, administrative or other measures;
(e) Any form of propaganda directed against them.
Article 8
Indigenous peoples have the collective and individual right to maintain and develop their
distinct identities and characteristics, including the right to identify themselves as
indigenous and to be recognized as such.
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 disadvantage 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 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
Indigenous peoples have the right to special protection and security in periods of armed
conflict.
States shall observe international standards, in particular the Fourth Geneva Convention
of 1949, for the protection of civilian populations in circumstances of emergency and
armed conflict, and shall not:
(a) Recruit indigenous individuals against their will into the armed forces and, in
particular, for use against other indigenous peoples;
(b) Recruit indigenous children into the armed forces under any circumstances;
(c) Force indigenous individuals to abandon their lands, territories or means of
subsistence, or relocate them in special centres for military purposes;
(d) Force indigenous individuals to work for military purposes under any discriminatory
conditions.
PART III
Article 12
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,
artifacts, designs, ceremonies, technologies and visual and performing arts and
literature, as well as the right to the restitution of cultural, intellectual, religious
and spiritual property taken without their free and informed consent or in violation of
their laws, traditions and customs.
Article 13
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 ceremonial objects; and the right to the repatriation of human remains.
States shall take effective measures, in conjunction with the indigenous peoples
concerned, to ensure that indigenous sacred places, including burial sites, be preserved,
respected and protected.
Article 14
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.
States shall take effective measures, whenever any right of indigenous peoples may be
threatened, to ensure this right is protected and also to ensure that they can understand
and be understood in political, legal and administrative proceedings, where necessary
through the provision of interpretation or by other appropriate means.
PART IV
Article 15
Indigenous children have the right to all levels and forms of education of the State. All
indigenous peoples also have this right and 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.
Indigenous children living outside their communities have the right to be provided access
to education in their own culture and language.
States shall take effective measures to provide appropriate resources for these purposes.
Article 16
Indigenous peoples have the right to have the dignity and diversity of their cultures,
traditions, histories and aspirations appropriately reflected in all forms of education
and public information.
States shall take effective measures, in consultation with the indigenous peoples
concerned, to eliminate prejudice and discrimination and to promote tolerance,
understanding and good relations among indigenous peoples and all segments of society.
Article 17
Indigenous peoples have the right to establish their own media in their own languages.
They also have the right to equal access to all forms of non-indigenous media.
States shall take effective measures to ensure that State-owned media duly reflect
indigenous cultural diversity.
Article 18
Indigenous peoples have the right to enjoy fully all rights established under
international labour law and national labour legislation.
Indigenous individuals have the right not to be subjected to any discriminatory conditions
of labour, employment or salary.
PART V
Article 19
Indigenous peoples have the right to participate fully, if they so choose, at all levels
of decision-making in matters which may affect their rights, lives and destinies through
representatives chosen by themselves in accordance with their own procedures, as well as
to maintain and develop their own indigenous decision-making institutions.
Article 20
Indigenous peoples have the right to participate fully, if they so choose, through
procedures determined by them, in devising legislative or administrative measures that may
affect them.
States shall obtain the free and informed consent of the peoples concerned before adopting
and implementing such measures.
Article 21
Indigenous peoples have the right to maintain and develop their political, economic and
social systems, 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.
Indigenous peoples who have been deprived of their means of subsistence and development
are entitled to just and fair compensation.
Article 22
Indigenous peoples have the right to special measures for the immediate, effective and
continuing improvement of their economic and social conditions, including in the areas of
employment, vocational training and retraining, housing, sanitation, health and social
security.
Particular attention shall be paid to the rights and special needs of indigenous elders,
women, youth, children and disabled persons.
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
determine and develop all health, housing and other economic and social programmes
affecting them and, as far as possible, to administer such programmes through their own
institutions.
Article 24
Indigenous peoples have the right to their traditional medicines and health practices,
including the right to the protection of vital medicinal plants, animals and minerals.
They also have the right to access, without any discrimination, to all medical
institutions, health services and medical care.
PART VI
Article 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual
and material relationship with the lands, territories, waters and coastal seas and other
resources which they have traditionally owned or otherwise occupied or used, and to uphold
their responsibilities to future generations in this regard.
Article 26
Indigenous peoples have the right to own, develop, control and use the lands and
territories, including the total environment of the lands, air, waters, coastal seas,
sea-ice, flora and fauna and other resources which they have traditionally owned or
otherwise occupied or used. This includes the right to the full recognition of their laws,
traditions and customs, land-tenure systems and institutions for the development and
management of resources, and the right to effective measures by States to prevent any
interference with, alienation of or encroachment upon these rights.
Article 27
Indigenous peoples have the right to the restitution of the lands, territories and
resources which they have traditionally owned or otherwise occupied or used, and which
have been confiscated, occupied, used or damaged without their free and informed consent.
Where this is not possible, they have the right to just and fair compensation. Unless
otherwise freely agreed upon by the peoples concerned, compensation shall take the form of
lands, territories and resources equal in quality, size and legal status.
Article 28
Indigenous peoples have the right to the conservation, restoration and protection of the
total environment and the productive capacity of their lands, territories and resources,
as well as to assistance for this purpose from States and through international
cooperation. Military activities shall not take place in the lands and territories of
indigenous peoples, unless otherwise freely agreed upon by the peoples concerned.
States shall take effective measures to ensure that no storage or disposal of hazardous
materials shall take place in the lands and territories of indigenous peoples.
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 29
Indigenous peoples are entitled to the recognition of the full ownership, control and
protection of their cultural and intellectual property.
They have the right to special measures to control, develop and protect their sciences,
technologies and cultural manifestations, including human and other genetic resources,
seeds, medicines, knowledge of the properties of fauna and flora, oral traditions,
literatures, designs and visual and performing arts.
Article 30
Indigenous peoples have the right to determine and develop priorities and strategies for
the development or use of their lands, territories and other resources, including the
right to require that States obtain their free and informed consent prior to the approval
of any project affecting their lands, territories and other resources, particularly in
connection with the development, utilization or exploitation of mineral, water or other
resources. Pursuant to agreement with the indigenous peoples concerned, just and fair
compensation shall be provided for any such activities and measures taken to mitigate
adverse environmental, economic, social, cultural or spiritual impact.
PART VII
Article 31
Indigenous peoples, as a specific form of exercising their right to self-determination,
have the right to autonomy or self-government in matters relating to their internal and
local affairs, including culture, religion, education, information, media, health,
housing, employment, social welfare, economic activities, land and resources management,
environment and entry by non-members, as well as ways and means for financing these
autonomous functions.
Article 32
Indigenous peoples have the collective right to determine their own citizenship in
accordance with their customs and traditions. Indigenous citizenship does not impair the
right of indigenous individuals to obtain citizenship of the States in which they live.
Indigenous peoples have the right to determine the structures and to select the membership
of their institutions in accordance with their own procedures.
Article 33
Indigenous peoples have the right to promote, develop and maintain their institutional
structures and their distinctive juridical customs, traditions, procedures and practices,
in accordance with internationally recognized human rights standards.
Article 34
Indigenous peoples have the collective right to determine the responsibilities of
individuals to their communities.
Article 35
Indigenous peoples, in particular those divided by international borders, have the right
to maintain and develop contacts, relations and cooperation, including activities for
spiritual, cultural, political, economic and social purposes, with other peoples across
borders.
States shall take effective measures to ensure the exercise and implementation of this
right.
Article 36
Indigenous peoples have the right to the recognition, observance and enforcement of
treaties, agreements and other constructive arrangements concluded with States or their
successors, according to their original spirit and intent, and to have States honour and
respect such treaties, agreements and other constructive arrangements. Conflicts and
disputes which cannot otherwise be settled should be submitted to competent international
bodies agreed to by all parties concerned.
PART VIII
Article 37
States shall take effective and appropriate measures, in consultation with the indigenous
peoples concerned, to give full effect to the provisions of this Declaration. The rights
recognized herein shall be adopted and included in national legislation in such a manner
that indigenous peoples can avail themselves of such rights in practice.
Article 38
Indigenous peoples have the right to have access to adequate financial and technical
assistance, from States and through international cooperation, to pursue freely their
political, economic, social, cultural and spiritual development and for the enjoyment of
the rights and freedoms recognized in this Declaration.
Article 39
Indigenous peoples have the right to have access to and prompt decision through mutually
acceptable and fair procedures for the resolution of conflicts and disputes with States,
as well as to effective remedies for all infringements of their individual and collective
rights. Such a decision shall take into consideration the customs, traditions, rules and
legal systems of the indigenous peoples concerned.
Article 40
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 41
The United Nations shall take the necessary steps to ensure the implementation of this
Declaration including the creation of a body at the highest level with special competence
in this field and with the direct participation of indigenous peoples. All United Nations
bodies shall promote respect for and full application of the provisions of this
Declaration.
PART IX
Article 42
The rights recognized herein constitute the minimum standards for the survival, dignity
and well-being of the indigenous peoples of the world.
Article 43
All the rights and freedoms recognized herein are equally guaranteed to male and female
indigenous individuals.
Article 44
Nothing in this Declaration may be construed as diminishing or extinguishing existing or
future rights indigenous peoples may have or acquire.
Article 45
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 contrary to the Charter of the
United Nations.
1994/46. Discrimination against indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind that one of the purposes of the United Nations, as set forth in the
Charter, is the achievement of international cooperation in solving international problems
of an economic, social, cultural or humanitarian character, and in promoting and
encouraging respect for human rights and fundamental freedoms for all without
discrimination as to race, sex, language or religion,
Reaffirming the urgent need to recognize, promote and protect more effectively the human
rights and fundamental freedoms of indigenous peoples,
Recalling Economic and Social Council resolution 1982/34 of 7 May 1982, in which the
Council authorized the Sub-Commission to establish annually a working group on indigenous
populations,
Recalling also General Assembly resolution 48/163 of 21 December 1993 on the International
Decade of the World's Indigenous People,
Taking note with appreciation of the report of the Working Group on its twelfth session
(E/CN.4/Sub.2/1994/30) and, in particular, of its conclusions and recommendations,
Taking note also of Commission on Human Rights resolution 1993/30 of 5 March 1993, in
which the Commission recommended to all thematic rapporteurs, special representatives,
independent experts and working groups to pay special attention, within the framework of
their mandates, to the situation of indigenous people,
Mindful of the relevant recommendations adopted by the World Conference on Human Rights,
in particular those contained in Part I, paragraph 20 and Part II, paragraphs 28 to 32 of
the Vienna Declaration and Programme of Action (A/CONF.157/23),
1. Expresses its deep appreciation to the Working Group on Indigenous Populations and in
particular to its Chairperson-Rapporteur, Ms. Erica-Irene A. Daes, for the work
accomplished during its twelfth session;
2. Welcomes the proclamation by the General Assembly in its resolution 48/163 of 21
December 1993 of the International Decade of the World's Indigenous People to begin on 10
December 1994;
3. Requests the Secretary-General to transmit the report of the Working Group on its
twelfth session to indigenous peoples and organizations, Governments and intergovernmental
and non-governmental organizations as well as to all thematic rapporteurs, special
representatives, independent experts and working groups;
4. Requests the Commission on Human Rights to recommend to the Economic and Social Council
that it approve the participation of the Chairperson-Rapporteur of the Working Group, Ms.
Erica-Irene A. Daes, in the World Summit for Social Development, which will take place at
Copenhagen in March 1995;
5. Requests the Secretary-General to prepare an annotated agenda for the thirteenth
session of the Working Group on Indigenous Populations containing, inter alia, the
following items: standard-setting activities, review of developments, the study of
treaties and agreements and other constructive arrangements between States and indigenous
peoples, the International Decade of the World's Indigenous People, a permanent forum for
indigenous people, the Voluntary Fund for Indigenous Populations and the United Nations
operational activities and indigenous peoples;
6. Recommends the Commission on Human Rights to request the Economic and Social Council
that the Working Group be authorized to meet for eight working days prior to the
forty-seventh session of the Sub-Commission;
7. Decides to recommend to the Commission on Human Rights the following draft decision for
adoption.
1994/47. International Decade of the World's Indigenous People
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Bearing in mind that one of the purposes of the United Nations, as set forth in the
Charter, is the achievement of international cooperation in solving international problems
of an economic, social, cultural or humanitarian character and in promoting and
encouraging respect for human rights and fundamental freedoms for all without distinction
as to race, sex, language or religion,
Recalling General Assembly resolution 48/163 of 21 December 1993, in which the Assembly
proclaimed the International Decade of the World's Indigenous People, and Commission on
Human Rights resolution 1994/26 of 4 March 1994,
Recalling also that the General Assembly in resolution 48/163 requested the Commission on
Human Rights to invite the Working Group on Indigenous Populations to identify an
appropriate date for the celebration of the International Day of Indigenous People,
Recalling further that the Commission on Human Rights in resolution 1994/26 requested the
Working Group to identify possible programmes, projects and other activities in connection
with the Decade,
Recognizing the importance of consulting and cooperating with indigenous peoples and the
need for financial support from within the United Nations, and aware of the need to build
on the results and lessons of the International Year,
Having considered the report of the Working Group on Indigenous Populations on its twelfth
session (E/CN.4/Sub.2/1994/30),
1. Welcomes the proclamation by the General Assembly in its resolution 48/163 of 21
December 1993 of the International Decade of the World's Indigenous People, commencing on
10 December 1994;
2. Also welcomes the decision of the General Assembly that the goal of the Decade should
be the strengthening of international cooperation for the solution of problems faced by
indigenous people in areas such as human rights, the environment, development, education
and health;
3. Stresses the importance of achieving the adoption of the draft United Nations
declaration on the rights of indigenous peoples by the General Assembly before the
conclusion of the Decade;
4. Takes note with appreciation of the note on the International Decade of the World's
Indigenous People prepared by the Chairperson-Rapporteur of the Working Group on
Indigenous Populations, Ms. Erica-Irene Daes (E/CN.4/Sub.2/1994/52);
5. Recommends that the International Decade have an operational focus and that the theme
for the Decade be "Indigenous peoples: a new relationship: partnership in
action";
6. Also recommends that attention be paid to improving the extent and effectiveness of
indigenous participation in planning and implementing the activities for the Decade,
including through the recruitment of indigenous staff by all relevant United Nations
bodies and agencies, funds for this purpose being provided from the regular budget of the
United Nations and the specialized agencies;
7. Decides to recommend that the International Day of Indigenous People be observed every
year on 9 August, that date being the anniversary of the first day of the first meeting of
the Working Group on Indigenous Populations in 1982;
8. Recommends that the Secretary-General establish, during the first quarter of 1995, the
voluntary fund for the Decade foreseen in paragraph 14 of General Assembly resolution
48/163 and that he consider the appointment of a board of trustees including indigenous
members to administer the fund;
9. Also recommends that a second technical meeting on the International Decade be convened
prior to the thirteenth session of the Working Group on Indigenous Populations to consider
the final programme of action for the Decade and that its suggestions be referred to the
Working Group for elaboration;
10. Requests the Secretary-General to consider renewing the appointment of Ms. Rigoberta
Menchú Tum as United Nations Goodwill Ambassador.
1994/48. Protection of the heritage of indigenous people
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1991/32 of 29 August 1991 in which it decided to entrust Ms.
Erica-Irene A. Daes, as Special Rapporteur, with the task of preparing a study of measures
which should be taken by the international community to strengthen respect for the
cultural property of indigenous peoples,
Recalling also Economic and Social Council decision 1992/256 of 20 July 1992, in which the
Council endorsed the appointment of Ms. Daes as Special Rapporteur with the mandate to
prepare a study on the protection of the cultural and intellectual property of indigenous
peoples,
Recalling further Commission on Human Rights decision 1994/105 of 4 March 1994 by which it
decided to endorse the request of the Sub-Commission to the Special Rapporteur to expand
her study on the protection of the cultural and intellectual property of indigenous people
(E/CN.4/Sub.2/1993/28) with a view to elaborating draft principles and guidelines for the
protection of the heritage of indigenous people and to submit a preliminary report to the
Sub-Commission at its forty-sixth session, and that the title of the study as a whole
should be "Protection of the heritage of the indigenous people",
Noting Commission on Human Rights resolution 1994/29 of 4 March 1994, in particular
paragraph 14 in which it expressed its appreciation to the Special Rapporteur for her
timely completion of the study,
Having considered the preliminary report prepared by the Special Rapporteur
(E/CN.4/Sub.2/1994/31),
1. Expresses its deep appreciation to the Special Rapporteur, Ms. Erica-Irene A. Daes, for
her comprehensive preliminary report on the protection of the heritage of indigenous
people, as well as for her recommendations, and for the proposed principles and guidelines
contained in the annex to the report;
2. Takes note of the recommendations contained in the report, as well as the principles
and guidelines;
3. Requests the Secretary-General to submit the principles and guidelines to indigenous
people's organizations, nations and communities, Governments, specialized agencies and
intergovernmental and non-governmental organizations concerned for their comments;
4. Requests the Special Rapporteur to prepare her final report on the basis, inter alia,
of the comments and information received and to submit it to the Sub-Commission at its
forty-seventh session;
5. Requests the Secretary-General to provide the Special Rapporteur with the necessary
assistance to enable her to carry out her mandate successfully;
6. Recommends the following draft decision to the Commission on Human Rights for adoption.
1994/49. Participation of indigenous persons and organizations in bodies of the United
Nations during discussion of the draft United Nations declaration on the rights of
indigenous peoples
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Recalling its resolution 1993/46 of 26 August 1993, in which it recommended to the
Commission on Human Rights and to the Economic and Social Council that they take special
measures to enable indigenous peoples to participate fully and effectively, without regard
to consultative status, in the consideration of the draft United Nations declaration on
the rights of indigenous peoples,
Noting General Assembly resolution 48/163 of 21 December 1993 and Commission on Human
Rights resolution 1994/26 of 4 March 1994,
Noting also that twelve indigenous organizations enjoy consultative status with the
Economic and Social Council and that of these only one has its head office in the South,
Bearing in mind the request made by indigenous persons and organizations and certain
observer Governments during the twelfth session of the Working Group on Indigenous
Populations that steps be taken to ensure effective indigenous participation in future
deliberations on the draft United Nations declaration on the rights of indigenous peoples
in bodies of the United Nations regardless of consultative status with the Economic and
Social Council,
1. Decides to recommend that the Commission on Human Rights approve the participation of
indigenous persons and organizations, without regard to consultative status with the
Economic and Social Council, during discussion of the draft United Nations declaration on
the rights of indigenous peoples at meetings of United Nations bodies, including the
Commission itself;
2. Also decides to recommend the following draft decision to the Commission on Human
Rights for adoption.
1994/50. Permanent forum in the United Nations for indigenous people
The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Guided by the purposes and principles enshrined in the Charter of the United Nations, the
Universal Declaration of Human Rights and the International Covenants on Human Rights,
Bearing in mind the recommendation contained in the Vienna Declaration and Programme of
Action adopted by the World Conference on Human Rights that the establishment of a
permanent forum for indigenous people in the United Nations system should be considered
(A/CONF.157/23, para. II.32),
Recalling General Assembly resolution 48/163 of 21 December 1993 and Commission on Human
Rights resolution 1994/28 of 4 March 1994,
Noting the report of the secretariat on a permanent forum (E/CN.4/Sub.2/AC.4/1994/11) and
the views expressed by Governments and indigenous organizations
(E/CN.4/Sub.2/AC.4/1994/11/Add.1 and E/CN.4/Sub.2/AC.4/1994/CRP.3) and the notes of the
Chairperson-Rapporteur of the Working Group on Indigenous Populations, Ms. Erica-Irene
Daes (E/CN.4/Sub.2/AC.4/1994/13 and E/CN.4/Sub.2/1994/30, annex),
Taking into account the comments and suggestions of participants at the twelfth session of
the Working Group on Indigenous Populations,
1. Welcomes the request to the Commission on Human Rights by the General Assembly in its
resolution 48/163 of 21 December 1993 to give priority consideration to the establishment
of a permanent forum for indigenous people in the United Nations system;
2. Requests the Secretary-General to invite Governments and indigenous organizations to
express their views concerning the possible establishment of a permanent forum for
indigenous people and to report on the comments and suggestions received to the Working
Group on Indigenous Populations at its thirteenth session;
3. Recommends that any future permanent forum play an important role in operational
coordination for development and that it enjoy observer status at all relevant Untied
Nations bodies, including the Economic and Social Council, the Commission on Human Rights
and the Commission on Sustainable Development;
4. Also recommends that the Centre for Human Rights organize a workshop on a possible
permanent forum for indigenous people with the participation of representatives of
Governments, indigenous organizations and independent experts.
1994/101. Adoption of the agenda of the forty-sixth session of the Sub-Commission
At its 1st meeting, on 1 August 1994, the Sub-Commission decided, without a vote: (i) to
change agenda item 11, entitled "Independence and impartiality of the judiciary,
jurors and assessors and the independence of lawyers" to sub-item 10 (e) with the
same title; (ii) to delete agenda item 17 (b), entitled "Prevention of discrimination
and protection of women" and insert a new agenda item 11, entitled "Prevention
of discrimination against women".
1994/102. Consideration of the situation of human rights in Rwanda
At its 2nd meeting, on 1 August 1994, the Sub-Commission decided, without a vote, to
consider, as a matter of priority, the situation of human rights in Rwanda, under item 6,
on 2 August 1994.
1994/103. Minute of silence
At its 3rd meeting, on 2 August 1994, the Sub-Commission, recalling its decision 1985/109
of 29 August 1985, decided, without a vote, to observe a minute of silence in honour of
victims of all forms of violations of human rights in all regions of the world at its
forty-sixth session, as well as at the commencement of its future annual sessions.
1994/104. Establishment of a sessional working group on the administration of justice and
the question of compensation of the Sub-Commission
At its 3rd meeting, on 2 August 1994, the Sub-Commission, recalling its resolution 1993/29
of 23 August 1993, decided: (i) by 11 votes to 8, with 4 abstentions, not to establish a
separate sessional working group on the question of the right to compensation; (ii)
without a vote, to establish a sessional working group on the administration of justice
and the question of compensation in place of a sessional working group on detention.
1994/105. Establishment of a sessional working group on methods of work of the
Sub-Commission
At its 3rd meeting, on 2 August 1994, the Sub-Commission, recalling its resolution 1993/4
of 20 August 1993, decided, without a vote, to establish a sessional working group on
methods of work of the Sub-Commission.
1994/106. Organization of work
At its 3rd meeting, on 2 August 1994, the Sub-Commission decided, without a vote, to
invite the following persons to participate in its meetings:
(a) In connection with item 3: Mr. Peter van Wulfften Palthe, Chairman of the fiftieth
session of the Commission on Human Rights (pursuant to Commission on Human Rights
resolution 1994/23 of 4 March 1993);
(b) In connection with item 4: Ms. Fatma Zohra Ksentini, to submit the final report on
human rights and the environment (E/CN.4/Sub.2/1994/9);
(c) In connection with item 5 (a): Mr. Maurice Glélé-Anhanhanzo, Special Rapporteur of
the Commission on Human Rights on contemporary forms of racism, racial discrimination and
xenophobia and related intolerance (pursuant to Sub-Commission resolution 1993/3 of 16
August 1993);
(d) In connection with item 8: Mr. Awn Shawkat Al-Khasawneh, to submit the progress report
on the human rights dimensions of population transfer, including the policy and practice
of the implantation of settlers and settlements (E/CN.4/Sub.2/1994/18 and Corr.1); Mr.
Rajindar Sachar, to submit the second progress report on the right to adequate housing
(E/CN.4/Sub.2/1994/20); and Mr. Leandro Despouy, to submit the interim report on human
rights and extreme poverty (E/CN.4/Sub.2/1994/19);
(e) In connection with item 10: Mr. William Treat, to submit the final report on the right
to a fair trial (E/CN.4/Sub.2/1994/24);
(f) In connection with item 10 (b): Mr. Leandro Despouy, to submit the seventh annual
report and updated list on the question of human rights and states of emergency
(E/CN.4/Sub.2/1994/23);
(g) In connection with items 16 and 17: Mr. Vitit Muntarbhorn, Special Rapporteur of the
Commission on Human Rights on the sale of children, child prostitution and pornography
(pursuant to Commission on Human Rights resolution 1994/92 of 9 March 1994).
1994/107. International peace and security as an essential condition for the enjoyment of
human rights, above all the right to life
At its 20th meeting, on 16 August 1994, the Sub-Commission decided, without a vote, to
postpone consideration of item 14 of its agenda until the forty-seventh session of the
Sub-Commission.
1994/108. Human rights and scientific and technological developments
At its 26th meeting, on 19 August 1994, the Sub-Commission decided, without a vote, to
postpone the consideration of item 12 of its agenda until the forty-seventh session of the
Sub-Commission.
1994/109. Slavery during wartime
At its 27th meeting, on 19 August 1994, the Sub-Commission, taking note of the information
concerning slavery and slavery-like practices during wartime which was received by the
Working Group on Contemporary Forms of Slavery at its nineteenth session and by the
Sub-Commission at its present session, bearing in mind the importance of this information,
which requires an in-depth study as a matter of priority, recalling its resolution 1993/24
of 25 August 1993 on slavery and slavery-like practices in which it decided to entrust Ms.
Linda Chavez, as Special Rapporteur, with the task of undertaking an in-depth study on the
situation of systematic rape, sexual slavery and slavery-like practices during wartime,
including internal armed conflict, and considering Commission on Human Rights decision
1994/103 of 4 March 1994, in which it requested the Sub-Commission to reconsider its
decisions to recommend a number of studies and related efforts, including the
above-mentioned study, decided, without a vote, to invite Ms. Linda Chavez to submit,
without financial implication, a working paper on the situation of systematic rape, sexual
slavery and slavery-like practices during wartime, including internal armed conflict, to
the Sub-Commission at its forty-seventh session; to request the concerned Governments,
intergovernmental and non-governmental organizations to cooperate with the expert in the
preparation of her working paper and to consider this subject at its forty-seventh session
as a matter of priority.
1994/110. Voting by secret ballot on proposals pertaining to allegations of violations of
human rights in countries
At its 34th meeting, on 25 August 1994, the Sub-Commission decided, without a vote,
pursuant to Economic and Social Council resolution 1991/32 of 31 May 1991, to vote by
secret ballot, whenever such a vote was requested, on proposals pertaining to allegations
of violations of human rights in countries, including proposals of a procedural nature
relating to proposals of a substantive nature.
1994/111. Humanitarian situation in Iraq
At its 35th meeting, on 25 August 1994, the Sub-Commission, recalling the principles of
the Charter of the United Nations, the Universal Declaration of Human Rights, the
International Covenants on Human Rights and the relevant provisions of the Geneva
Conventions of 12 August 1949 and the two Additional Protocols thereto, recalling also its
previous resolutions on Iraq and the Declaration of Minimum Humanitarian Standards
contained in document E/CN.4/Sub.2/1991/55, deeply concerned about the serious
consequences which the embargo imposed on Iraq for the past four years is having on the
entire civilian population in Iraq and, in particular, on children, women and the most
underprivileged population sectors, decided, without a vote, to appeal once again to the
international community as a whole and to all Governments, including that of Iraq, to
facilitate the supply of food and medicines to the civilian population.
1994/112. Situation in the Palestinian and other Arab territories occupied by Israel
At its 35th meeting, on 25 August 1994, the Sub-Commission decided, under rule 65,
paragraph 2, of the rules of procedure of the functional commissions of the Economic and
Social Council, by secret ballot, by 12 votes to 10, with 1 abstention, to take no
decision on draft resolution E/CN.4/Sub.2/1994/L.32.
1994/113. Concept and issues relating to "enclaved groups"
At its 36th meeting, on 26 August 1994, the Sub-Commission decided, without a vote, to
request Mr. Asbjörn Eide to prepare, without financial implications, a working paper on
the concept and issues relating to "enclaved groups" and to present this paper
to the Sub-Commission at its forty-seventh session.
1994/114. Obstacles to the establishment of a democratic society
At its 36th meeting, on 26 August 1994, the Sub-Commission decided, without a vote, to
postpone the consideration of draft resolution E/CN.4/Sub.2/1994/L.43 until the
forty-seventh session of the Sub-Commission.
1994/115. Pre-sessional working group on minorities
At its 36th meeting, on 26 August 1994, the Sub-Commission decided, without a vote, that
on condition that the Commission on Human Rights and the Economic and Social Council
authorize the establishment of the working group envisaged in Sub-Commission resolution
1994/4 of 19 August 1994, and provide for its budget for 1995, the pre-sessional working
group will meet for five working days immediately prior to the forty-seventh session of
the Sub-Commission in 1995. The Sub-Commission approved the following composition of the
pre-sessional working group of the Sub-Commission: Mr. Bengoa (Latin America), Mr. Eide
(Western Europe), Mr. Khalil (Africa), Mr. Khan (Asia) and ... (Eastern Europe) (to be
announced later).
1994/116. Study on treaties, agreements and other constructive arrangements between States
and indigenous populations
At its 36th meeting, on 26 August 1994, the Sub-Commission, recalling its resolutions
1989/38 of 29 August 1989 and 1990/28 of 31 August 1990 and its decisions 1991/111 of 29
August 1991 and 1992/110 of 24 August 1992, welcomed the discussions held at the twelfth
session of the Working Group on Indigenous Populations on the study on treaties,
agreements and other constructive arrangements between States and indigenous populations
by the Special Rapporteur, Mr. Miguel Alfonso Martínez, and decided, without a vote, to
recommend to the Special Rapporteur to make all possible efforts to submit his second
progress report in 1995 to the Working Group at its thirteenth session and to the
Sub-Commission at its forty-seventh session, as well as his final report to both bodies in
1996. It also decided to request the Secretary-General to give the Special Rapporteur all
the assistance necessary to allow him to continue his work, in particular by providing for
the specialized research assistance required and for the necessary trips to Geneva for
consultation with the Centre for Human Rights, and the resources needed for a research
mission to the Vatican archives in Rome. The Sub-Commission further decided to recommend
to the Commission on Human Rights that it request the Economic and Social Council to
endorse its decision.
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