Indigenous peoples have the right to maintain and strengthen their
distinctive spiritual relationship with their traditionally owned or
otherwise occupied and used lands, territories, waters and coastal
seas and other resources and to uphold their responsibilities to
future generations in this regard.
1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise
used or acquired.
2. Indigenous peoples have the right to own, use, develop and
control the lands, territories and resources that they possess by reason
of traditional ownership or other traditional occupation or use,
as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with
due respect to the customs, traditions and land tenure systems of the
indigenous peoples concerned.
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.
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 consent.
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.
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 materials shall take place in the lands or territories
of indigenous peoples without their free, prior and informed
3. States shall also take effective measures to ensure, as needed,
that programmes for monitoring, maintaining and restoring the
health of indigenous peoples, as developed and implemented by the
peoples affected by such materials, are duly implemented.
1. Military activities shall not take place in the lands or territories
of indigenous peoples, unless justified by a relevant public interest or
otherwise freely agreed with or requested by the indigenous peoples
2. States shall undertake effective consultations with the indigenous
peoples concerned, through appropriate procedures and in
particular through their representative institutions, prior to using
their lands or territories for military activities.
United Nations Declaration on the Rights of Indigenous Peoples