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United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 2
- Paragraph text
- States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 2
- Paragraph text
- States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 1
- Paragraph text
- Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 2
- Paragraph text
- 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.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 3
- Paragraph text
- 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.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 1
- Paragraph text
- Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 3
- Paragraph text
- States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 1
- Paragraph text
- Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. undefined
- Paragraph text
- Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Civil & Political Rights
- Environment
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 2b
- Paragraph text
- [States shall provide effective mechanisms for prevention of, and redress for:] Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003, para. 2c
- Paragraph text
- 2. States Parties shall take all appropriate measures to: c) protect and enable the development of women’s indigenous knowledge systems;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Environment
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2003
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. undefined
- Paragraph text
- 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.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 1
- Paragraph text
- 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.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
United Nations Declaration on the Rights of Indigenous Peoples 2007, para. 2
- Paragraph text
- 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.
- Body
- United Nations General Assembly
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2007
- Paragraph type
- Article
Paragraph
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 85
- Paragraph text
- The responses received to the Special Rapporteur's questionnaire reveal a number of State legal and institutional frameworks, domestic court decisions, business internal policies and pilot projects that address or are relevant to indigenous peoples' rights in the context of extractive industries. In the opinion of the Special Rapporteur, these various initiatives deserve careful consideration and may provide useful guidance when devising effective models for securing the rights of indigenous peoples in the extractive projects affecting them.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 88
- Paragraph text
- Whether or not indigenous consent is a strict requirement in particular cases, States should ensure good faith consultations with indigenous peoples on extractive activities that would affect them and engage in efforts to reach agreement or consent. In any event, the State remains bound to respect and protect the rights of indigenous peoples and must ensure that other applicable safeguards are implemented as well, in particular steps to minimize or offset any limitation on the rights through impact assessments, measures of mitigation, compensation and benefit sharing.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 81
- Paragraph text
- The "protect, respect and remedy" framework, which is incorporated into the Guiding Principles on Business and Human Rights, should apply to advance the specific rights of indigenous peoples in the same way as it applies to advance human rights more generally, when those rights are affected or potentially affected by business activities, including extractive industries.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 86
- Paragraph text
- Lastly, there is a fundamental problem with the current model of natural resource extraction in which the plans are developed by the corporation, with perhaps some involvement by the State, but with little or no involvement of the affected indigenous community or people, and in which the corporation is in control of the extractive operation and is the primary beneficiary of it.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 83
- Paragraph text
- Indigenous individuals and peoples have the right to oppose and actively express opposition to extractive projects promoted by the State or third party business interests. Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 89
- Paragraph text
- In view of the above, when considering the Special Rapporteur's future action, the Human Rights Council may wish to entrust him with the specific task of working towards the operationalization of the rights of indigenous peoples and related institutional guarantees in the context of natural resource extraction and development projects affecting indigenous territories, with the aim of his presenting to the Council a set of specific guidelines or principles in 2013. The Council may further consider the necessity of affording additional support to the Special Rapporteur in performing this task.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Violence against indigenous women and girls; rights of indigenous peoples in relation to extractive industries 2012, para. 87
- Paragraph text
- The Special Rapporteur is convinced that new and different models and business practices for natural resource extraction need to be examined, models that are more conducive to indigenous peoples' self-determination and their right to pursue their own priorities for development. In his future work on extractive industries, the Special Rapporteur plans to examine various models of natural resource extraction in which indigenous peoples have greater control and benefits than is typically the case under the standard corporate model, drawing on a review of the experiences of indigenous peoples in various locations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 90
- Paragraph text
- Conditions for States or third party business enterprises to achieve and sustain agreements with indigenous peoples for extractive projects include: adequate State regulatory regimes (both domestic and with extraterritorial implications) that are protective of indigenous peoples' rights; indigenous participation in strategic State planning on natural resource development and extraction; corporate due diligence; fair and adequate consultation procedures; and just and equitable terms for the agreement.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Climate change and migration 2012, para. 91
- Paragraph text
- The Special Rapporteur recognizes that while no place will be protected from the impacts of climate change, already fragile environments are most vulnerable, including in particular, megadeltas, small island developing States, low-lying coastal zones, arid areas, polar regions, and places affected by sudden and extreme natural disasters. Particular groups living in these high-risk areas may thus be more affected than others, as will societies that are highly dependent on the environment for their subsistence needs. However, vulnerabilities may be exacerbated by political and social factors, with specific groups such as women, children, minority groups and indigenous peoples, often particularly vulnerable to the effects of climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in situations of humanitarian crises 2016, para. 98
- Paragraph text
- The current global humanitarian context is alarming. Ongoing and protracted conflicts are leading to massive displacement crises: there are unprecedented numbers of refugees and internally displaced persons, and inter-ethnic and interracial tensions and conflict are erupting in nearly every region of the world. Many conflicts threaten to further deteriorate, and new conflicts are emerging. These conflicts are often rooted in power struggles, identity politics, competition for resources, rising income disparities and socioeconomic inequalities, and increasing polarization of societies, making national, ethnic, religious and linguistic minorities particularly vulnerable; indeed many of the persons who flee their countries for fear of persecution are members of minority groups targeted precisely because of their minority identity. Furthermore, with the impact of climate change, disasters are becoming all too frequent and widespread, further affecting minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of rural women 2016, para. 59c
- Paragraph text
- [States parties should ensure that legislation guarantees rural women's rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:] Strengthen customary and statutory institutions and mechanisms for defending or protecting women's rights to land, water and other natural resources, including community paralegal services.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extractive industries and indigenous peoples 2013, para. 89
- Paragraph text
- For their part, extractive companies should adopt policies and practices to ensure that all aspects of their operations are respectful of the rights of indigenous peoples, in accordance with international standards and not just domestic law, including with regard to requirements of consultation and consent. Companies should conduct due diligence to ensure that their actions will not violate or be complicit in violating indigenous peoples' rights, identifying and assessing any actual or potential adverse human rights impacts of a resource extraction project.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 69
- Paragraph text
- Full recognition of indigenous land rights and participation are key enabling conditions for conservation to be sustained. The Durban Action Plan which states that all existing and future protected areas shall be managed and established in full compliance with the rights of indigenous peoples and the Sydney Vision which promised that there should be redress and remedy for past and continuing injustices in accord with international agreements are powerful commitments of the conservation community. The Special Rapporteur believes that the effective implementation of these commitments can operationalize the human rights-based conservation paradigm.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 84
- Paragraph text
- [To donors:] Provide direct funding to better support indigenous peoples' own initiatives for conservation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77f
- Paragraph text
- [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] In consultation with indigenous peoples, Member States consider including exception clauses to protect the rights of indigenous peoples, including to ancestral land, related resources and autonomous government, within all relevant free trade and investment agreements;
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph