A/HRC/60/66 I. Introduction 1. The right to data, including with regard to data collection and disaggregation, constitutes a fundamental human right for Indigenous Peoples, and data are a cultural, strategic and economic resource. Existing data and data infrastructure fail to recognize Indigenous knowledge and Indigenous world views and do not meet Indigenous Peoples’ current and future data needs.1 2. “Indigenous data” means data, information or knowledge, in any format or medium, that is about, from or may affect Indigenous Peoples, and may include the language, culture, genetic data, environments or resources of Indigenous Peoples.2 Indigenous Peoples have the right to Indigenous data sovereignty and Indigenous governance in respect of Indigenous data as an expression of their inherent sovereignty and overarching right to self-determination, as a critical enabler of collective well-being and sustainable development and as a tool to counter ongoing dispossession and discrimination.3 3. “Data” more broadly encompasses a wide array of materials collected for varied purposes, ranging from national statistics and administrative records to private sector datasets such as mobile phone usage records and supermarket loyalty programmes. Some data are collected explicitly in the public interest, such as through censuses or surveys, while others are generated incidentally during commercial activities. These distinctions matter, as the rights and expectations around data – especially regarding self-identification, disaggregation and governance – cannot be applied uniformly across all types of data or data holders. 4. To situate the recommendations that follow, the study recognizes several key categories of data producers and sources. Data producers include national statistical systems, civil society and human rights organizations, and private entities, each with different mandates and ethical obligations. Common sources of data include censuses, surveys, administrative records and other, emerging digital traces. It is important to differentiate between data explicitly about Indigenous Peoples, data that include them through disaggregation and data that may affect them indirectly. These distinctions are essential for ensuring that Indigenous Peoples’ rights to data – for example, with regard to self-identification, consent, access and governance – are respected in ways that are meaningful and contextually appropriate. 5. Pursuant to paragraph 2 (a) of Human Rights Council resolution 33/25, the Expert Mechanism on the Rights of Indigenous Peoples decided, at its seventeenth session, that its next annual study would be an analysis of the right of Indigenous Peoples to data, including with regard to data collection and disaggregation. 6. In support of the work of the Expert Mechanism, the Asia Indigenous Peoples Pact, with the financial support of the Christensen Fund, organized an expert seminar, which was held in December 2024 in Chiang Mai, Thailand. The study has benefited from the presentations made at that seminar and from the submissions from Indigenous Peoples, States, national human rights institutions, civil society organizations, academics and others.4 II. Overview of the existing international legal framework 7. The United Nations Declaration on the Rights of Indigenous Peoples affirms the right of Indigenous Peoples to access and control data related to their lives, cultures, lands, territories and resources. Article 16 of the Declaration guarantees non-discrimination in the dissemination and receipt of information, including through Indigenous Peoples’ own media in their own languages. This includes receiving information on Indigenous Peoples’ rights, 1 2 3 4 2 A/73/438, para. 72. A/74/277, annex, para. 3. Presentation by Tahu Kukutai, expert seminar organized by the Asian Indigenous Peoples Pact and held in Chiang Mai, Thailand, December 2024. Presentations made at the seminar are available at https://www.ohchr.org/en/events/events/2024/seminar-expert-mechanism-rights-indigenous-peoples. The submissions are available at https://www.ohchr.org/en/calls-for-input/2025/call-inputs-studyindigenous-peoples-right-data-including-data-collection-and. GE.25-12012

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