ANNEX 8.4
ARTICLES 12, 13 AND 14 OF THE UNITED NATIONS
DRAFT DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLE
The draft text of these articles reads:
Article 12
Indigenous peoples have the right to practice
and revitalise 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, as well as the
right to 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,
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 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 revitalise,
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.
May 2000
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