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