A/71/229
Labour Organization (ILO) enshrines land rights for indigenous peoples in
articles 14 to 19). The United Nations Declaration on the Rights of Indigenous
Peoples, which consolidates the rights of indigenous peoples already recognized in
other human rights instruments and through the jurisprud ence of the international
human rights treaty bodies, affirms the right of indigenous peoples to own and
control their lands (articles 25, 26 and 27).
B.
Participation and free, prior and informed consent
23. Respect for the right to participate and to free, prior and informed consent are
sine qua non elements of effective advancement of indigenous peoples ’ rights in
practice. ILO Convention No. 169 sets out the duty of States to consult indigenous
peoples through appropriate procedures and in particular through their
representative institutions, whenever consideration is being given to legislative or
administrative measures which may affect them directly (article 6). Human rights
treaty bodies have consistently affirmed the principle of free, prior an d informed
consent of indigenous peoples in matters relating to their rights and interests and
specifically in relation to their ancestral lands 12 and conservation. 13
24. The Declaration on the Rights of Indigenous Peoples makes specific reference
to conservation in article 29, which states that indigenous peoples have the right to
the conservation and protection of the environment and the productive capacity of
their lands or territories and resources and that States shall establish and implement
assistance programmes for indigenous peoples for such conservation and protection,
without discrimination. The Declaration furthermore states that 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 and that 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 (article 32).
C.
Forced displacement and the right to reparation, including
restitution
25. Article 12(1) of the International Covenant on Civil and Political Rights
establishes the right to liberty of movement and freedom to choose one ’s residence.
This provision includes protection against all forms of forced intern al
displacement. 14 Persons whose rights or freedoms under the Covenant are violated
shall have an effective remedy, as set out in article 2(3). In relation to forced
evictions, the Committee on Economic and Social and Cultural Rights has affirmed
that States must refrain from forced evictions and ensure that the law is enforced
against its agents or third parties who carry out forced evictions. 15 The Guiding
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12
13
14
15
10/25
Human Rights Committee, Ángela Poma Poma v. Peru, communication No. 1457/2006;
Committee on the Elimination of Racial Discrimination, general recommendation No. 23.
See E/C.12/TZA/CO/1-3; see also CCPR/C/KEN/CO/3.
See CCPR/C/21/Rev.1/Add.9, para. 7.
Committee on Economic, Social and Cultural Rights, general comment No. 7, para. 8.
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