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     CONSEJO INTERNACIONAL DE TRATADOS INDIOS

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Declaration on the Right to Development

Adopted by General Assembly resolution 41/128 of 4 December 1986


The General Assembly,

Bearing in mind the purposes and principles of the Charter of the United Nations relating to the achievement of international co-operation in solving international problems of an economic, social, cultural or humanitarian nature, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

Recognizing that development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom,

Considering that under the provisions of the Universal Declaration of Human Rights everyone is entitled to a social and international order in which the rights and freedoms set forth in that Declaration can be fully realized,

Recalling the provisions of the International Covenant on Economic, Social and Cultural Rights and of the International Covenant on Civil and Political Rights,

Recalling further the relevant agreements, conventions, resolutions, recommendations and other instruments of the United Nations and its specialized agencies concerning the integral development of the human being, economic and social progress and development of all peoples, including those instruments concerning decolonization, the prevention of discrimination, respect for and observance of, human rights and fundamental freedoms, the maintenance of international peace and security and the further promotion of friendly relations and co-operation among States in accordance with the Charter,

Recalling the right of peoples to self-determination, by virtue of which they have the right freely to determine their political status and to pursue their economic, social and cultural development,

Recalling also the right of peoples to exercise, subject to the relevant provisions of both International Covenants on Human Rights, full and complete sovereignty over all their natural wealth and resources,

Mindful of the obligation of States under the Charter to promote universal respect for and observance of human rights and fundamental freedoms for all without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Considering that the elimination of the massive and flagrant violations of the human rights of the peoples and individuals affected by situations such as those resulting from colonialism, neo-colonialism, apartheid, all forms of racism and racial discrimination, foreign domination and occupation, aggression and threats against national sovereignty, national unity and territorial integrity and threats of war would contribute to the establishment of circumstances propitious to the development of a great part of mankind,

Concerned at the existence of serious obstacles to development, as well as to the complete fulfilment of human beings and of peoples, constituted, inter alia, by the denial of civil, political, economic, social and cultural rights, and considering that all human rights and fundamental freedoms are indivisible and interdependent and that, in order to promote development, equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights and that, accordingly, the promotion of, respect for and enjoyment of certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms,

Considering that international peace and security are essential elements for the realization of the right to development,

Reaffirming that there is a close relationship between disarmament and development and that progress in the field of disarmament would considerably promote progress in the field of development and that resources released through disarmament measures should be devoted to the economic and social development and well-being of all peoples and, in particular, those of the developing countries,

Recognizing that the human person is the central subject of the development process and that development policy should therefore make the human being the main participant and beneficiary of development,

Recognizing that the creation of conditions favourable to the development of peoples and individuals is the primary responsibility of their States,

Aware that efforts at the international level to promote and protect human rights should be accompanied by efforts to establish a new international economic order,

Confirming that the right to development is an inalienable human right and that equality of opportunity for development is a prerogative both of nations and of individuals who make up nations,

Proclaims the following Declaration on the Right to Development:

Article 1

1. The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.

2. The human right to development also implies the full realization of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources.

Article 2

1. The human person is the central subject of development and should be the active participant and beneficiary of the right to development.

2. All human beings have a responsibility for development, individually and collectively, taking into account the need for full respect for their human rights and fundamental freedoms as well as their duties to the community, which alone can ensure the free and complete fulfilment of the human being, and they should therefore promote and protect an appropriate political, social and economic order for development.

3. States have the right and the duty to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom.

Article 3

1. States have the primary responsibility for the creation of national and international conditions favourable to the realization of the right to development.

2. The realization of the right to development requires full respect for the principles of international law concerning friendly relations and co-operation among States in accordance with the Charter of the United Nations.

3. States have the duty to co-operate with each other in ensuring development and eliminating obstacles to development. States should realize their rights and fulfil their duties in such a manner as to promote a new international economic order based on sovereign equality, interdependence, mutual interest and co-operation among all States, as well as to encourage the observance and realization of human rights.

Article 4

1. States have the duty to take steps, individually and collectively, to formulate international development policies with a view to facilitating the full realization of the right to development.

2. Sustained action is required to promote more rapid development of developing countries. As a complement to the efforts of developing countries, effective international co-operation is essential in providing these countries with appropriate means and facilities to foster their comprehensive development.

Article 5

States shall take resolute steps to eliminate the massive and flagrant violations of the human rights of peoples and human beings affected by situations such as those resulting from apartheid, all forms of racism and racial discrimination, colonialism, foreign domination and occupation, aggression, foreign interference and threats against national sovereignty, national unity and territorial integrity, threats of war and refusal to recognize the fundamental right of peoples to self-determination.

Article 6

1. All States should co-operate with a view to promoting, encouraging and strengthening universal respect for and observance of all human rights and fundamental freedoms for all without any distinction as to race, sex, language or religion.

2. All human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights.

3. States should take steps to eliminate obstacles to development resulting from failure to observe civil and political rights, as well as economic social and cultural rights.

Article 7

All States should promote the establishment, maintenance and strengthening of international peace and security and, to that end, should do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular that of the developing countries.

Article 8

1. States should undertake, at the national level, all necessary measures for the realization of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. Effective measures should be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be carried out with a view to eradicating all social injustices.

2. States should encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights.

Article 9

1. All the aspects of the right to development set forth in the present Declaration are indivisible and interdependent and each of them should be considered in the context of the whole.

2. Nothing in the present Declaration shall be construed as being contrary to the purposes and principles of the United Nations, or as implying that any State, group or person has a right to engage in any activity or to perform any act aimed at the violation of the rights set forth in the Universal Declaration of Human Rights and in the International Covenants on Human Rights.

Article 10

Steps should be taken to ensure the full exercise and progressive enhancement of the right to development, including the formulation, adoption and implementation of policy, legislative and other measures at the national and international levels.

 

Action Alerts /

Acciones Urgentes:

News Release: Canadian Parliament Calls for Implementation of the UN Declaration on the Rights of Indigenous Peoples, April 9, 2008 (PDF 51K)

The Ngäbe Indigenous peoples of Panama request urgent international support, March 31st 2008

Solicitud de ayuda internacional del pueblo Ngobe de charco la pava Urgente, 31 marzo, 2008

IITC Urgent Action Communication to the United Nations Human Rights System: Raids and arrests against Maori by the New Zealand government, October 17th, 2007 (PDF 48K)

March 7th, 2008: United Nations Body Expresses Concerns about Racism in the United States, Calls for the US to apply the UN Declaration on the Rights of Indigenous Peoples (PDF)

 

Important Updates

Noticias al Dia:

2008 International Indian Treaty Conference, Guatemala

SYMPOSIUM ON THE IMPLEMENTATION OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES” Monday April 21st, 2008, during UNPFII7 (PDF 555K)

Opening Statement of the Indigenous Caucus, 11th Meeting of Negotiations in the Quest for Points of Consensus, Organization of American States April 14th, 2008

Declaración de Apertura del Conclave de los Pueblos Indígenas XI Reunión de Negociaciones para la Búsqueda de Puntos de Consensos Organización de los Estados Americanos 14 de abril de 2008

Indigenous Peoples' Caucus, UN Permanent Forum on April 19th & 20th , 2008 (PDF 90K)

Web link for Longest Walk 2

IITC Human Rights Forum” may 9th 2008, Southern Illinois University (PDF 244K)

NEW! IITC Power point: “Indigenous Peoples’ Advocacy for a Rights and Culturally-based Approach to Food Security”, April 3, 2008 (9.4 MB PowerPoint Presentation)

Treaty Conferences/2008 Guatemala, “Provisional Conference Agenda” (PDF 28K)

The UN Declaration on the Rights of Indigenous Peoples, Treaties and the Right to Free, Prior and Informed Consent: The Framework For a New Mechanism for Reparations, Restitution and Redress, submitted by the IITC to the UN Permanent Forum on Indigenous Issues Seventh Session (UNPFII7) (PDF 80K)

NEW save the dates, 34th Anniversary Treaty Conference, Chimaltenango Guatemala, June 19th – 22nd 2008 (PDF 448K)

Aparte las fechas, Asamblea Anual XXXIV del Consejo Internacional de Tratados Indios junio 19 a 22 de 2008, Chimaltenango, Guatemala (PDF 138K)

Report of the North America Preparatory meeting for UNPFII7, Vancouver Canada, February 22nd and 23rd 2008 (PDF 168K)

Hawaiian Land Rights decision by Hawaiian Supreme Court, Nation of Hawaii calls upon Legislature to "Cease and Desist", February 8, 2008

Indigenous Shadow Report to UN CERD highlights Racism by United States, February 5th 2008

Peoples’ Shadow Report to the CERD on the United States submitted by IITC January 2008 (PDF 400 KB)

New IITC Brochure

33rd annual Alcatraz Sunrise Gathering, November 22nd 2007 (PDF 209K)

FINAL REPORT FROM THE INDIGENOUS PEOPLES’ BORDER SUMMIT OF THE AMERICAS II SAN XAVIER DISTRICT TOHONO O’ODHAM NATION NOVEMBER 7-10, 2007

Live Web Casts from the Indigenous Peoples’ Border Summit II, San Xavier, Arizona November 7 – 10, 2007

PUBLIC FORUM, Local Indigenous Environmental and Sacred Sites Issues, Saturday, November 17 U of A College of Law, Tucson AZ

Report of the Special Rapporteur on the Right to Food to UN Human Rights Council and General Assembly , May 2007 (see page 44 on Indigenous Peoples in California and Alaska, USA) PDF 243K

Alberta Chiefs of Treaty 6, 7 & 8 Express Disappointment Re: Canadian Federal Government "Throne Speech", October 19th 2007 (PDF 50K)

AGROQUIMICOS: LA AMENAZA A NUESTRA SALUD COMUNITARIA Y AL MEDIO AMBIENTE/ Pesticides: The Threat to our Community Health and the Environment, AHOME, SINALOA, Mexico, Octubre 26 - 28 2007, October 26 – 28, 2007 (PSD 52K)

IITC Training Manual for filing “Shadow Reports” for the review of the United States by the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD), October 17th, 2007 (PDF 578K)

IITC Human Rights Training Novmeber 8th 2007, during the Indigenous Peoples’ Border Rights Summitt II, San Xavier Arizona! (PDF 79K)

UN Declaration for the Rights of Indigenous Peoples adopted by the UN General Assembly September 13th, 2007!

UN Declaration on the Rights of Indigenous Peoples as adopted by the UN General Assembly September 13th 2007 (PDF 56k)

Declaracion de las Naciones Unidas sobre los derechos de los Pueblos Indigenas, adoptada por la Asemblea General el 13 de septiembre de 2007 (PDF 60K) 

IITC Statement on the Adoption of the Declaration on the Rights of Indigenous Peoples, September 16th 2007 (PDF 200K)

US Statement against the adoption of the Declaration on the Rights of Indigenous Peoples, September 13th 2007 (PDF 53K)

CSD 15th session, 2007, April 30 - May 11, 2007

Link for the COMMITTEE FOR THE ELIMINATION OF RACIAL DISCRIMINATION, Seventieth session, 19 February – 9 March 2007,  Concluding observations re: CANADA/ COMITÉ PARA LA ELIMINACIÓN DE LA DISCRIMINACIÓN RACIAL, Septuagésimo período de sesiones, 19 de febrero – 9 de marzo de 2007,  Observaciones finales sobre CANADA

Appointment of Indigenous UNPFII members (2008-2010) announced, April 20, 2007

Treaty Council News Winter 2007 (PDF 1MB)

IITC Submission to the UN High Commissioner on Human Rights for her study on the Human Right to Water, April 15th, 2007 (PDF 136k)

Pesticides are Poison” booklet now available online

Los Plaguicidas son Venenos” manual ahora disponible en internet

UN Web page, Indigenous Peoples and Treaties, the UN Treaty Study Expert Seminars