Graw, Andrew --- "Indigenous Rights: Declaration of Principles of Indigenous Rights" [1985] AboriginalLawB 41; (1985) 1(14) Aboriginal Law Bulletin 14

• Indigenous Rights
• Declaration Of Principles Of Indigenous Rights

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Indigenous Rights

Andrew Gray

In Panama between 23 and 30 September, 1984, the fourth Assembly of the World Council of Indigenous Peoples took place. Almost 300 indigenous representatives from 23 different countries met to discuss issues relating to self-determination.

At the conclusion of the Assembly a Declaration of Principles of Indigenous Rights was resolved. That declaration is reproduced below.

Declaration of Principles of Indigenous Rights

Principle 1

All indigenous peoples have the right of self-determination. By virtue of this right they may freely determine their political status and freely pursue their economic, social, religious and cultural development.

Principle 2

All states within which an indigenous people lives shall recognise the population, territory and instructions of the indigenous people.

Principle 3

The cultures of the indigenous peoples are part of the cultural heritage of mankind.

Principle 4

The traditions and customs of indigenous people must be respected by the states and recognised as a fundamental source of law.

Principle 5

All indigenous people have the right to determine the person or groups of persons who are included within its population.

Principle 6

Each indigenous people has the right to determine the form, structure and authority of its instructions.

Principle 7

The institutions of indigenous people and their decisions, like those of states, must be in conformity with internationally accepted human rights both collective and individual.

Principle 8

Indigenous peoples and their members are entitled to participate in the political life of the state.

Principle 9

Indigenous people shall have exclusive rights to their traditional lands and resources; where the lands and resources of the indigenous people have been taken away without their free and informed consent, such lands and resources shall be returned.

Principle 10

The land rights of an indigenous people include surface and subsurface rights, full rights to interior and costal waters and rights to adequate and exclusive costal economic zones within the limits of international law.

Principle 11

All indigenous peoples may, for their own needs, freely use their natural wealth and resources in accordance with Principles 9 and 10.

Principle 12

No action or course of conduct may be undertaken which directly or indirectly may result in the destruction of land, air, water, sea ice, wildlife, habitat or natural resources without the free and informed consent of the indigenous peoples affected.

Principle 13

The original rights to their material culture, including archaeological sites, artefacts, designs, technology and works of art lie with the indigenous people.

Principle 14

The indigenous peoples have the rights to receive education in their own language or to establish their own educational institutions. The languages of indigenous peoples are to be respected by the states in all dealings between the indigenous people and the state on the basis of equality and non-discrimination.

Principle 15

The indigenous peoples and their authorities have the rights to be previously consulted and to authorise the realisation of all technological and scientific investigations to be conducted within their territories and to be informed and have full access to the results of the investigation.

Principle 16

Indigenous peoples have the right, in accordance with their traditions, to move freely and conduct traditional activities and maintain kinship relationships across international boundaries.

Principle 17

Treaties between indigenous nations or peoples and representatives of states freely entered into, shall be given full effect under national and international law.

Extracted from a report by Andrew Gray for the IWGIA (International Working Group for Indigenous Affairs) Newsletter, No. 40, December 1984, pp. 88-130.