Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 56
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The mandate holder has provided numerous recommendations in country reports and in communications on measures and actions to be adopted to realize indigenous peoples’ land and resources rights. These include the development of an adequate legal framework in accordance with international human rights standards; the establishment of accessible, prompt and effective procedures to process land titles; the review of laws on expropriation; adequate mechanisms to resolve land disputes; ensuring effective protection from encroachment, including through early warning systems; and the prohibition of forced evictions. National and regional human rights courts have elaborated jurisprudence that provides a solid basis on the ways to realize indigenous peoples’ rights to their lands and resources, including appropriate remedies when those rights have been violated. The lack of compliance with such court decisions remains a concern.
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Non-negotiated soft law
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Special Rapporteur on the rights of indigenous peoples