A/64/338 of self determination in the Declaration is deemed compatible with the principle of territorial integrality and political unity of sovereign and independent States.12 45. On these grounds, the Declaration provides a detailed list of norms that constitute “the minimum standards for the survival, dignity and well-being of indigenous peoples of the world” (article 43). The Declaration reaffirms basic individual rights to equality and non-discrimination, life and personal integrity and freedom, and nationality and access to justice; and it calls for special attention to specific rights and needs of indigenous elders, women, youth, children and persons with disabilities.13 At the same time, the Declaration affirms rights of a collective character in relation to self-government and autonomous political, legal, social and cultural institutions; cultural integrity, including cultural and spiritual objects, languages and other cultural expressions; lands, territories and natural resources; social services and development; treaties, agreements and other constructive arrangements; and cross-border cooperation. 46. Together with affirming the aspects of self-determination related to maintaining spheres of autonomy, the Declaration also reflects the common understanding that indigenous peoples’ self-determination simultaneously involves a participatory engagement and interaction with the larger societal structures in the countries in which they live. In this connection, the Declaration affirms indigenous peoples’ right “to participate fully, if they so choose, in the political, economic, social and cultural life of the State”;14 and to be consulted in relation to decisions affecting them, with the objective of obtaining their prior, free and informed consent.15 47. The Declaration does not affirm or create special rights separate from the fundamental human rights that are deemed of universal application, but rather elaborates upon these fundamental rights in the specific cultural, historical, social and economic circumstances of indigenous peoples. These include the basic norms of equality and non-discrimination, as well as other generally applicable human rights in areas such as culture, health or property, which are recognized in other international instruments and are universally applicable. 48. While clearly not binding in the same way that a treaty is, the Declaration relates to already existing human rights obligations of States, as demonstrated by the work of United Nations treaty bodies and other human rights mechanisms. It can therefore be seen as embodying, to some extent, general principles of international human rights law. In addition, insofar as they connect with a pattern of consistent international and State practice, some aspects of the provisions of the Declaration can also be considered as reflecting norms of customary international law.16 In any event, as a resolution adopted by the General Assembly with the approval of an __________________ 12 13 14 15 16 09-50281 Article 46 (1). Article 22 (1). Article 5. See also article 18 (affirming the right to participate in “the decision-making in matters which would affect their rights”). Article 19 (“States shall consult and cooperate in good faith with the indigenous peoples concerned ... in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them”). For an analysis of the principle of free, prior and informed consent, see observations concerning Ecuador (A/HRC/9/9/Add.1 and Corr.1). See S. James Anaya and Siegfried Wiessner, “The UN Declaration on the Rights of Indigenous Peoples: Towards Re-empowerment”, Jurist (3 October 2007). 15