Article 25
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.
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.
Article 27
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 28
1. Indigenous peoples have the right to redress, by means that can
include restitution or, when this is not possible, 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
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