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Annan urges nations to treat their indigenous peoples well – for them to develop

Dateline: New York: Tuesday, May 16, 2006

Annan urges nations to treat their indigenous peoples well – for them to develop

By Jare Ajayi

Indigenous peoples across the world had another opportunity to rub minds together on issues of common interest.

But beyond rubbing minds together, they also were able to table their case on the highest platform for taking decisions  affecting our world, that is the United Nations Organization (UNO’s).

It was the Fifth Permanent Forum on Indigeneous Issues, and participants came from various parts of the world to among others, review progress (or lack of it) made since the beginning of the forum about ten years ago, consider steps being taken by member-nations of the United Nations regarding indigenous peoples in their territory, chart a way forward and of course challenge the world body itself on ensuring that its members stop various policies that are inimical to the interests of indigenous peoples.

The forum which held between Monday May 15 to Friday May 26th, 2006 deliberated on matters of diverse interests.

UN Secretary General, Dr Kofi Annan, in his opening address, urged participants to keep channels of communication open because that is the only way to nip conflict in the bud.

He went further to say that policies that enhance the welfare of indigenous peoples are bound to accelerate the pace of any nation in her quest for development. He added that it was in the realization of this that made the UN to come up with the Millenium Development Goals (MDgs) to which he pleaded for absolute commitment by member nations.

Major sessions were devoted to deliberations on the Draft Declarations on the Rights of Indigenous Peoples as prepared by the United Nations.

The draft, initially prepared about five years back has generated some controversies among member-nations of the world body.

Whenever the UN Working Group on Indegeous Populations meet in its Geneva office, debates went on and on with a lot of difficulties in reaching consensus. Same thing had been happening whenever the Working Group on the draft declaration met.

While some countries such as the US wanted drastic changes in the draft before it is passed, indigenous peoples themselves want the document passed as drafted.

Their belief is that the document is a benchmark for all countries that sign it in the way they treat indigenous peoples in their areas.

Final decision comes up on Friday, May 26th.

 

Inequity is a big threat to peace

 

 

By Dejo Olaiya and Jare Ajayi

 

Dateline: Ibadan, September 22, 2006

Injustice, particularly economic injustice, absence of guaranteed security and reluctance to tolerate one another have been identified as the major causes of conflicts in the world.

Handing down this verdict were symposiasts who gathered together to deliberate on the situation of peace in the world and seemingly increasing violent conflicts.

The talkshop was organised by African Agency for an enhanced Socio-Ethics and Traditional Order (ASETO), a non-governmental organisation based in Ibadan, Nigeria.

Speaking at the commencement of the symposium, the executive director of the organisation, Mr Jare Ajayi said that ASETO decided to organise the programme in support of the United Nations which declared September 21 of every year as World Peace day.

A communiqué issued at the end of the five hours deliberation which held at Ibadan observed that attempts by those at the receiving end of injustice in the face of the reluctance of perpetrators of this injustice would ‘naturally breed conflict and sometimes violence”.

They stated further that absence of verifiable security indices such as job security, food security, educational opportunities, security of employment opportunities, security of life and property “are indisputable  nursery for conflicts which, if not addressed early enough, can lead to violence and even a war situation”. Other issues they mentioned included sundry stratagems that guarantee the survival, in dignifying manner, of an individual and his/her dear ones.

The symposiasts finally asserted that perceived inequity or double standard “has always led to agitations many of which culminated in acts that are clearly inimical to peace either immediately or later”. Examples given here included the United States of America’s clear support of Israeli’s nuclear programme while discouraging other countries in the same Middle Eastern region. “It was little surprising that Iran and North Korea seem to be hellbent on going ahead with their nuclear programmes despite the position of the United Nations and particularly the United States.”

He said that other organisations in various parts of the world were doing a variety of things to mark the day.

We have chosen the symposium option because we want to examine the issue of Peace from all ramifications.

Moderator of the programme, Mr Sola Akande said that peace has many dimensions ‘but all boils down to depriving or denying people of what they deserve”.

He read a poem written on the theme of peace.

Dr Jide Ololajulo, a lecturer at the Centre for Peace and Conflict Studies, University of Ibadan, Ibadan, Nigeria submitted that there is no human society without conflict. And that conflict in itself is not inimical to peace. “What can breach peace is the way we handle conflicts”. He recalled that where there is a just mechanism for prompt resolution of conflict situation, such a situation hardly snowball into serious violence.

Underscoring the econo-social factors in peaceful relationship, the university don asserted that most conflicts degenerate into violence when justice is not brought to bear on the matter at hand or where the parties concerned maintain rigid positions. “Amicable resolution of conflicts calls for fairness and concessions” he said.

 Mr Freeman Okosun, a public commentator and publisher said that peace means ‘freedom from oppression” while Mr Ebika Anthony, president, Centre for Poets (CoP), argued that the issue of peace cannot be divorced from individual well-being.

“If my house is economically in conflict, it would be difficult to maintain a peaceful atmosphere” he said adding that one cannot talk about peace without talking about crisis because crisis ‘is a disturber of peace’.

To Mr Makanjuola Olumi, another publisher and analyst, ‘peace is a state where there is an absence of conflict’. He added though that peace can be personal, state, national or even global.

A teacher and playwright, Mr Kunle Okesipe was emphatic that lack of justice ‘has affected peace in different ways”.

If one paricular ideology, he submitted, does not want to co-exist with the other or one is trying to lord it over the other, there’ll be conflict.

“When you look at terrorism, apart from religious colour it wears, it is also a reaction to globalisation. When there is no social justice, there’ll be no peace.”

“The crises we’ve had are linked with economic injustice... Certainly, lack of equity in the sharing of resouces and opportunities is implicated. Where there is no justice, those at the receiving end would like to correct it by whatever means they considered expedient”.

Secretary for the Association of Nigerian Authors (Oyo State Chapter) Mr Abiola Olosunde in his contribution, maintained that poverty has much to do with threat to  peace. Poverty, which the PhD candidate in theatre management, defined as lack  of the ability to have what makes life worth living, degrades and can make its victim vulnerable to acts capable of truncating peace.

Ms Funmi Jinadu, an educationist and dancer, insisted that a deprived person is vulnerable to anger. “It is said that an hungry man is an angry man. As such, any group of people who are denied their rights such as is happening in the Niger Delta (in Nigeria) in Palestine (in the Middle East in Darfur (in Sudan, North Africa) etc would at one time or the other summon courage and fight. A time would come when they would no longer be able to take it. When that happens, their opponent would brand them as terrorists and the like. The ensuing confrontation cannot but breed conflict.”

Okesipe agreed that poverty has a lot to do with presence or absence of peace. He however insisted that affluence cannot be totally absolved either.

He disclosed that there were crises caused by affluence. “Look at the second world war, it came about as a result of Germany’s ambition of dominating the world... I dont think that this was caused by poverty.”

In the same vein, United States of America (USA) was said to have bugetted $100 billion to go and fight in Iraq.  As we all know, hundreds of people are getting killed in the process. Did America go to Iraq because it is poor?” He asked rhetorically. He answered somewhat by saying that both Germany and America embarked on their respective missions not because of any personal deprivation “but because of arrogance and personal desire of the countries’ leaders to extend their hegemony beyond their own respective nations”.

Observing that there appears to be animalistic tendencies in every human being, Ajayi  in agreeing with Okesipe, said that a person who is greedy is never satisfied. “When he owns mansions in Nigeria, he would want to own mansions in Ghana, in Europe and America.” Conflict, he concluded, would greatly be reduced in the world if nations and individuals can control their expansionist and acquistive tendencies.

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Dateline: New York: Saturday, May 27, 200ў

 

UN body approves Indigenous Peoples’ Declaration on rights to Self-Determination

 

 

By Jare Ajayi

After a tortuous journey of about four years since it was first mooted, the United Nations’ Draft Declaration on the Rights of Indigenous Peoples was ratified after a two weeks rigourous deliberations.

The ratification came after a voting of 30 for and 2 against with 12 nations abstaining at the just concluded fifth edition of the Permanent Forum on Indigenous Issues (PFII) which took place at the United Nations headquarters, New York, United States of America. The gathering took place between May 15 and 26 this year.

The countries that voted in favour of the declaration were Azerbaijan, Brazil, Cameroon, China, Cuba, Czech Republic, Ecuador, Finland, France, Germany, Guatemala, India, Indonesia, Japan, Malaysia, Mauritius, Mexico, Netherlands, Pakistan, Peru, Poland, Republic of Korea, Romania, Saudi Arabia, South Africa, Sri Lanka, Switzerland, United Kingdom of Great Britain and Northern Ireland, Uruguay and  Zambia.

Those who voted against were Canada and Russian Federation.

The abstaining countries were Algeria, Argentina, Bahrain, Bangladesh, Ghana, Jordan, Morocco, Nigeria, the Philippines, Senegal, Tunisia, Ukraine.

Following is the text of the declaration as passed:

Annex

UNITED NATIONS DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLES

            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,

            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 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,

            Further recognizing 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 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 contribution of the demilitarization of the lands and territories of indigenous peoples 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, consistent with the rights of the child,

            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 the rights affirmed in treaties, agreements and constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,

            Also considering 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 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, 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,

            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,

            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 Rights 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 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, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to 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 rights 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 by other cultures or ways of life imposed on them by legislative, administrative or other measures;

            (e)        Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

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 practice 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, practice, 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.

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 this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative 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.

            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 account 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 decision-making 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 administrative 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.

            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 administer 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.

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, of a 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 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 significant threat to 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.

            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 their 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 membership 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 membership 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.

Article 36

            1.         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 their own members 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 to diminish or eliminate the rights of Indigenous Peoples contained in Treaties, Agreements and 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 have 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.

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.

            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, 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.