A/RES/61/295
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 diminishing or
eliminating the rights of indigenous peoples contained in treaties, agreements and
other 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 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.
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