A/HRC/60/66
aimed at improving the well-being of Indigenous Peoples and, inter alia, to support work
towards the achievement of the Sustainable Development Goals and the 2030 Agenda for
Sustainable Development. In the same vein, in its resolution 79/159 on Indigenous Peoples,
the General Assembly encouraged States to collect and disseminate disaggregated data to
monitor and improve the impact of development policies, strategies and programmes aimed
at improving the well-being of Indigenous Peoples.
VII.
Indigenous data governance and sovereignty
65.
Indigenous data sovereignty is defined as the right of Indigenous Peoples to own,
control, access and possess data that derive from them, and which pertain to their
membership, knowledge systems, customs or territories. 68 Indigenous data sovereignty is
supported by Indigenous Peoples’ inherent rights to self-determination, governance and
control over their lands, territories and resources, as affirmed in the Declaration.
66.
Indigenous data sovereignty means the inherent rights and interests that Indigenous
Peoples have in relation to the creation, collection, access, analysis, interpretation,
management, dissemination, reuse and control of data relating to Indigenous Peoples.69 In the
context of Indigenous data sovereignty, data are considered a strategic resource, and a
framework for their ethical use is required to advance Indigenous Peoples’ collective
well-being and self-determination.70 Restoring control over data, including that which was
previously collected from Indigenous Peoples without their consent, should be recognized as
a form of remedy for addressing historical injustices and correcting false narratives. This
includes the establishment of effective mechanisms for data repatriation.71
67.
Indigenous data governance means the right of Indigenous Peoples to autonomously
decide what, how and why Indigenous data are collected, accessed and used. It ensures that
data on or about Indigenous Peoples reflect the priorities, values, cultures, world views and
diversity of Indigenous Peoples. This includes the principles, structures, accountability
mechanisms, legal instruments and policies through which Indigenous Peoples exercise
control over Indigenous data. 72 Whereas Indigenous sovereignty can only be realized by
Indigenous Peoples themselves, Indigenous governance can be adopted and implemented by
a wide range of actors that collect and hold Indigenous data, including Indigenous
communities and organizations, national Governments, corporations and civil society.73
68.
Data governance includes matters relating to data collection, data disaggregation by
identity and gender, data privacy and protection, data access, use and reuse, individual and
collective consent, including free, prior and informed consent, data classification, metadata
and data repatriation. It includes the use of data-by-data technologies, including deductive
and generative artificial intelligence systems.74
69.
Indigenous Peoples are not only entitled to disaggregated data, but also have the right
to access and be consulted on data on Indigenous Peoples that are contextual and
disaggregated, to have data on Indigenous Peoples that are relevant and empower sustainable
self-determination and effective self-governance for Indigenous Peoples, to have data
structures that are accountable to Indigenous Peoples, and to have data that are protective of
and respect the individual and collective interests of Indigenous Peoples.75
70.
Indigenous sovereignty must also extend to data (personal and non-personal) and
data-based digital intelligence (including algorithmic models and artificial intelligence
68
69
70
71
72
73
74
75
GE.25-12012
See https://iwgia.org/en/indigenous-data-sovereignty.html?filter_tag%5b0%5d=37.
A/74/277, annex, para. 3.
See https://iwgia.org/en/indigenous-data-sovereignty.html?filter_tag%5b0%5d=37.
See A/HRC/45/35.
A/74/277, annex, para. 3.
Presentation by Tahu Kukutai, expert seminar, December 2024.
Ibid.
A/74/277, para. 7. See also
https://www.ohchr.org/sites/default/files/Documents/Issues/Privacy/SR_Privacy/DraftRecommendati
onProtectionUseHealthRelatedData.pdf.
11