A/80/181
35. Endorsed by the General Assembly in 1962, permanent sovereignty over natural
resources is a principle of international law asserting a State’s right to control and
manage its own natural wealth and resources within its territory. 12 It has been argued
that there is a discernible trend of extending the principle of permanent sovereignty
over natural resources as a combined exercise of the rights to self -determination, to
ownership of traditional lands and to free, prior and informed consent, something that
“can help indigenous peoples exercise their right to permanent sovereignty within the
nation state”. 13
5.
Indigenous Peoples’ land rights are a pillar for their other rights
36. Indigenous Peoples’ land rights are also the foundation and “guarantee [for]
other of their rights, including life, culture, dignity, health, water and food”, 14 as
upheld in human rights jurisprudence 15 and in numerous studies, including by the
Expert Mechanism on the rights of Indigenous Peoples. 16 If Indigenous Peoples’ land
rights are not secured, their other rights are unlikely to be protected. Land is, for
Indigenous Peoples, the bedrock of their very existence as nations. It embodies their
culture and livelihoods; it supports traditional governance; it sustains their languages;
it preserves their knowledge; and it maintains their spiritual life, food systems, health
and psychological well-being. This implies that States, in observance of their duties
to uphold the other fundamental rights of Indigenous Peoples, must respect
Indigenous Peoples’ land rights.
37. Most recently, the Committee of Experts on the Application of Conventions and
Recommendations of ILO has associated the recognition of Indigenous Peoples’ land
rights with States’ obligation to prevent discrimination in employment and
occupations. In a case concerning the Ompu Ronggur Indigenous People of Indonesia,
the Committee reaffirmed that traditional occupations (such as farming, hunting and
handicraft production) were “occupations” within the meaning of ILO Convention
No. 111 (1958) on the elimination of discrimination in employment and occupation.
As those occupations are dependent on access to land, insecure land tenure and biased
approaches to traditional occupations “pose serious challenges to the enjoyment of
equality of opportunity and treatment in respect of occupation”. Consequently, the
Committee requested the Government of Indonesia to secure access to lands for
customary-law communities, including by reviewing the current legal framework and
repealing any discriminatory aspects affecting the ability of those communities to
engage in and continue to perform their traditional occupations. 17
C.
Regional trends according to the contributions received
38. As mentioned above, during the next reporting period, the Special Rapporteur
aims to conduct regional consultations and to produce a final report on the
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13
14
15
16
17
10/21
See resolution 1803 (XVII).
Shawkat Alam and Abdullah Al Faruque, “From sovereignty to self-determination: emergence of
collective rights of Indigenous Peoples in natural resources management”, The Georgetown
Environmental Law Review, vol. 32, No. 1 (2019), p. 59.
A/HRC/45/38, para. 11.
Inter-American Court of Human Rights, Yakye Axa Indigenous Community v. Paraguay,
Judgment, 17 June 2005, para. 176; Inter-American Court of Human Rights, Xákmok Kásek
Indigenous Community v. Paraguay, Judgment, 24 August 2010, para. 234. See also
CCPR/C/21/Rev.1/Add.5 and Committee on Economic, Social and Cultural Rights general
comment No. 21 (2009) on the right of everyone to take part in cultural life.
See A/HRC/45/38.
See https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_
COMMENT_ID%2CP13100_COUNTRY_ID:4416270%2C102938.
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