UN On Land Rights

Articles 26 - 28 of the United Nations declaration on the rights of indigenous peoples.

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Article 26

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.

Article 27

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 28

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.