Core Aricles UNDRIP PROVISIONS ON RIGHTS TO LAND, TERRITORY RESOURCES

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 86 LINKS Other international legal instruments relevant for indigenous peoples’ right to land, ter- ritory and resources are: • The International Labor Organization’s ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries Convention No. 169 • International Covenant on Social, Economic and Cultural Rights • International Covenant on Civil and Political Rights • The Discrimination Employment and Occupation Convention, 1958 of the ILO Con- vention No. 111

B. Related Articles 1. On the recognition of customary laws regulating rights to land and resources

In recognition of the fact that indigenous peoples have their own customary laws regulating access to land and resources, the UNDRIP has included an article that emphasizes that these have to be taken into account. Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. LINKS Other international legal instruments do contain provisions, although not very explicit, which are relevant to the recognition and protection of customary laws regulating rights to land and resources. Among them are: • ILO Convention No. 169 • International Covenant on Social, Economic and Cultural Rights • International Covenant on Civil and Political Rights • Convention on the Elimination of all Forms of Racial Discrimination • ILO Convention No. 111

2. On the right to redress for past injustices

A separate article in the UNDRIP addresses past injustices and dispossessions, and provides for the right to redress, both in the form of restitution and compensation: Article 28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed con- sent. Module-4 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 87 2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress. LINKS Apart from the UNDRIP, there is no international instrument that explicitly provides for the right to redress of past injustices.

3. On the right to means of subsistence and to development

Closely connected to land and resource rights are the right to particular forms of livelihood and development. Article 20 of the UNDRIP addresses this: Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. 2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. LINKS The same three international legal instruments mentioned above contain provisions that are relevant for the recognition of indigenous economic systems and means of sub- sistence. • ILO Convention No. 169 • International Covenant on Social, Economic and Cultural Rights ICSECR • ILO Convention No. 111

4. On the recognition of indigenous peoples’ conservation and protection of the environ- ment

A separate article addresses environmental conservation issues, providing for the overall right to conserve and protect the environment on their lands and territories. The article however also provides for the more specific right to oppose the disposal of hazardous materials on their lands and territories. Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2. States shall take effective measures to ensure that no storage or disposal of hazardous ma- terials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, as needed, that programmes for mon- itoring, maintaining and restoring the health of indigenous peoples, as developed and imple- mented by the peoples affected by such materials, are duly implemented. Module-4