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ADRIP and UNDRIP: The Articles

The declaration articles this site cites, quoted word for word from the official OAS and UN texts.

This page collects the articles of the American Declaration on the Rights of Indigenous Peoples (ADRIP) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) that this site relies on. Every quotation is checked word for word against the primary sources: ADRIP (OAS) and UNDRIP (United Nations).

ADRIPUNDRIP
Adopted byOAS General AssemblyUN General Assembly
DateJune 15, 2016September 13, 2007
InstrumentAG/RES. 2888 (XLVI-O/16)Resolution 61/295
ScopeThe AmericasWorldwide

Self-determination

ADRIP · Article III · UNDRIP · Article 3
“Indigenous peoples have the right to self-determination.”
“Indigenous peoples have the right to self-determination.”

Autonomy or self-government

ADRIP · Article XXI(1) · UNDRIP · 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.”
“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.”

Institutions and juridical systems

ADRIP · Article XXII(1) · UNDRIP · 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.”
“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.”

Belonging to a people or nation

ADRIP · Article VIII · UNDRIP · Article 9
“Indigenous individuals and communities have the right to belong to one or more indigenous peoples…”
“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.”

Identity and membership

ADRIP · Article I(2) · UNDRIP · Article 33(1)
“Self-identification as indigenous peoples will be a fundamental criterion for determining to whom this Declaration applies.”
“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.”

A line found only in ADRIP

ADRIP · Article XXII(2)
“Indigenous law and legal systems shall be recognized and respected by national, regional and international legal systems.”

Collective and individual rights

UNDRIP · Articles 1 and 5
“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.”
“Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.”

Both instruments are declarations adopted by member states. They set out standards and affirm rights; they are not treaties. Read ADRIP and UNDRIP, Side by Side for an explanation.

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