A/HRC/1/L.10
page 68
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.
Article 28
1.
Indigenous peoples have the right to redress, by means that can include restitution
or, when this is not possible, of a 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.
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 materials 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 monitoring, maintaining and restoring the health of indigenous peoples, as developed and
implemented by the peoples affected by such materials, are duly implemented.
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