A/HRC/1/L.10
page 71
Article 37
1.
Indigenous peoples have the right to the recognition, observance and enforcement
of Treaties, Agreements and Other Constructive Arrangements concluded with States or their
successors and to have States honour and respect such Treaties, Agreements and other
Constructive Arrangements.
2.
Nothing in this Declaration may be interpreted as to diminish or eliminate the
rights of Indigenous Peoples contained in Treaties, Agreements and Constructive Arrangements.
Article 38
States in consultation and cooperation with indigenous peoples, shall take the appropriate
measures, including legislative measures, to achieve the ends of this Declaration.
Article 39
Indigenous peoples have the right to have access to financial and technical assistance
from States and through international cooperation, for the enjoyment of the rights contained in
this Declaration.
Article 40
Indigenous peoples have the right to have access to and prompt decision through just and
fair procedures for the resolution of conflicts and disputes with States or other parties, as well as
to effective remedies for all infringements of their individual and collective rights. Such a
decision shall give due consideration to the customs, traditions, rules and legal systems of the
indigenous peoples concerned and international human rights.
Article 41
The organs and specialized agencies of the United Nations system and other
intergovernmental organizations shall contribute to the full realization of the provisions of this
Declaration through the mobilization, inter alia, of financial cooperation and technical assistance.
Ways and means of ensuring participation of indigenous peoples on issues affecting them shall
be established.
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