A/HRC/60/66
intelligence. States should also invest in capacity-building of Indigenous Peoples with
regard to data.
10.
States should support the development of Indigenous-led data repositories that
maintain Indigenous-sourced data for future applications. Indigenous Peoples should
be encouraged to build and supported in building their own information systems and
archives that allow for the preservation of a memory free from the biases that the
archives of former colonial Powers have given to the documents preserved in respect of
them. States, and public and private entities, including museums, archives and
universities, should repatriate and ensure access to previously acquired Indigenous
data.
11.
States and private companies should recognize the sovereignty of Indigenous
Peoples over data that are about them or collected from them and that pertain to
Indigenous Peoples, knowledge systems, customs or territories, with a focus on
Indigenous leadership and mechanisms of accountability.
12.
States should recognize and protect Indigenous data sovereignty through
bespoke laws, policies and frameworks. Indigenous data sovereignty requires
Indigenous Peoples to be in control of their data on their own terms, according to their
own cultural protocols and priorities. There should be an intentional focus on
opportunities for creating data infrastructure, technologies and capacities that enable
Indigenous Peoples to actively protect and derive benefit from their data, in particular
with regard to traditional knowledge and culturally sensitive data.
13.
States and private sector and civil society actors that collect, hold or process
Indigenous data should recognize and give effect to Indigenous data governance,
including in matters related to data collection and disaggregation by identity and
gender, data privacy and protection, data access, use and reuse, individual and
collective consent, data classification, metadata and data repatriation. This includes the
use of data-by-data technologies, including deductive and generative artificial
intelligence systems.
14.
Indigenous women’s sovereignty and governance of their data are critical, due
to the unique barriers that they face. Their full participation must also expand across
the full cycle, from data generation to interpretation to dissemination. States should
collect gender-sensitive data to address violence against Indigenous women and girls.
15.
The private sector should promote document management and archiving policies
for the handling of all documents and data generated in the consultation process for
obtaining the consent of Indigenous Peoples whenever development projects are to be
carried out on their lands.
16.
States, civil society and private sector actors should recognize and implement the
Collective Benefit, Authority to Control, Responsibility, Ethics (CARE) Principles for
Indigenous Data Governance as a normative framework to ensure that all data-related
activities involving Indigenous Peoples align with their rights, world views and
governance structures. In contexts where Indigenous data governance frameworks are
not yet established, the CARE Principles provide a foundational baseline for ethical
engagement, participatory governance and cultural respect in data practices.
17.
Where Indigenous data governance frameworks and guidelines already exist,
States, corporations and civil society should move to implement them.
18.
States, Indigenous Peoples and civil society organizations are encouraged to use
and to contribute to the Indigenous Navigator framework and other tools to strengthen
the community-based monitoring of global commitments made under the
United Nations Declaration on the Rights of Indigenous Peoples, at the World
Conference on Indigenous Peoples and under the Sustainable Development Goals.
19.
States and non-State actors should protect the privacy of digital communications
and the enjoyment of the right to privacy by all individuals and ensure that restrictions
on the right to privacy do not discriminate on the basis of Indigenous identity.
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GE.25-12012