E/2007/43
E/C.19/2007/12
indigenous peoples and their communities need to be able to own, conserve and
manage their territories, lands and resources.
7.
The Permanent Forum recognizes the fundamental importance of indigenous
peoples’ security of land use and access and the importance of land rights for
broader processes of poverty reduction, good governance and conflict prevention
and resolution.
8.
The Permanent Forum strongly urges the General Assembly to adopt the
United Nations Declaration on the Rights of Indigenous Peoples. 1
9.
It is against this background that the Permanent Forum strongly believes that
the following principles should underpin the administration and regulation of lands,
territories and natural resources of indigenous peoples. We also reiterate all the
relevant articles in the United Nations Declaration on the Rights of Indigenous
Peoples, which include but are not limited to the following:
(a) That indigenous peoples are entitled to effectively participate in drafting
policies and laws related to resources management and development processes. It is
well established that effective participation includes the right to receive information
and communications in language that the relevant indigenous peoples use and
understand (article 14);
(b) That indigenous peoples have a central role in decision-making and
implementation of lands and resources-related projects. Such projects shall not be
implemented without the free, prior and informed consent of indigenous peoples
(article 28);
(c) That indigenous peoples shall have a central role in the dispute-solving
arrangements over lands, territories and natural resources (article 26);
(d) That States have an obligation to protect the lands, territories and natural
resources of indigenous peoples from infringement by any institution, company or
individual. There must be penalties for those who carry out harmful activities on
indigenous peoples’ lands and territories. Indigenous peoples shall be entitled to
compensation for such activities (article 30);
(e) That States have the obligation, in cooperation with indigenous peoples,
to identify the lands indigenous peoples traditionally use and occupy and to provide
specific legal protection for the rights of ownership over those lands in accordance
with indigenous customs and laws (article 26, para. 3).
10. The Permanent Forum endorses the conclusions and recommendations
contained in the report on the expert seminar on indigenous peoples’ permanent
sovereignty over natural resources and their relationship to land. 2 The Permanent
Forum endorses the two studies by the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous peoples, Erica-Irene A. Daes, on
indigenous peoples and their relationship to land 3 and on indigenous peoples’
permanent sovereignty over natural resources 4 and recommends that those studies
be widely disseminated.
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2
3
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07-37675
As adopted by the Human Rights Council in its resolution 2006/2 of 29 June 2006.
E/CN.4/Sub.2/AC.4/2006/3.
E/CN.4/Sub.2/2001/21.
E/CN.4/Sub.2/2004/30 and Add.1.
3