A/HRC/45/34/Add.3
making and must acquire the free, prior and informed consent of indigenous peoples
on all matters affecting them.
73.
Indigenous and State justice systems should be seen as complementary and
necessary for guaranteeing effective access to justice for indigenous peoples and
stronger measures should be taken to harmonize the systems. Intercultural dialogue is
needed between indigenous and State justice systems in order to coordinate and
strengthen respect for human rights in both systems.
B.
Lands, territories and resources
74.
Laws that recognize the collective rights of indigenous peoples to their lands,
territories and resources should be adopted and implemented. Contradictory sectorial
legislation on land use, such as conflicting provisions on forestry and mining, should be
reformed.
75.
States should, in consultation with indigenous peoples, develop mechanisms for
the registration, demarcation and titling of lands and territories traditionally owned,
occupied and used. The right of indigenous peoples to have their free, prior and
informed consent obtained should be respected whenever socioeconomic projects,
infrastructure projects or projects for the extraction of natural resources are
implemented in their lands and territories.
76.
International donors that support land registration processes should be mindful
of the implications of such processes for indigenous peoples and ensure that they respect
the rights of indigenous peoples, including their right to participate in processes that
affect them.
C.
Conservation
77.
There needs to be better understanding of indigenous traditional practices, such
as rotational crop cultivation and forest management, and the contribution of
indigenous peoples to the conservation, protection and sustainable use of biodiversity.
Indigenous peoples should be consulted and participate in designing, implementing,
managing and monitoring conservation initiatives and have effective access to
complaints mechanisms to seek remedies for violations of their rights. National laws
that make illegal the traditional livelihood practices of indigenous peoples, such as
shifting cultivation, should be repealed.
78.
Tourism cannot be prioritized over the rights of indigenous communities.
Protected areas should not be declared, nor should UNESCO World Heritage status
applications be submitted, without consultation and without obtaining the free, prior
and informed consent of the indigenous peoples affected.
D.
Climate change
79.
Indigenous traditional knowledge is crucial for combating and adapting to
climate change. Platforms for information exchange about traditional practices among
indigenous peoples should be strengthened.
80.
Climate finance has the potential to bolster the efforts made by indigenous
peoples to adapt to climate change and contribute to climate change mitigation. Unless
it is based on respect for the land rights and traditional livelihood practices of
indigenous peoples, however, climate finance without adequate human rights
safeguards has the potential to undermine the rights of indigenous peoples. Climate
change-related projects must be designed with the meaningful participation of and in
consultation with indigenous peoples. States, funders and donors all carry
responsibilities in this regard.
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