2. Preference shall be given to methods of punishment other than confinement in
prison.
Article 11
The exaction from members of the peoples concerned of compulsory personal
services in any form, whether paid or unpaid, shall be prohibited and punishable by
law, except in cases prescribed by law for all citizens.
Article 12
The peoples concerned shall be safeguarded against the abuse of their rights and shall
be able to take legal proceedings, either individually or through their representative
bodies, for the effective protection of these rights. Measures shall be taken to ensure
that members of these peoples can understand and be understood in legal proceedings,
where necessary through the provision of interpretation or by other effective means.
Part II. Land
Article 13
1. In applying the provisions of this Part of the Convention governments shall respect
the special importance for the cultures and spiritual values of the peoples concerned
of their relationship with the lands or territories, or both as applicable, which they
occupy or otherwise use, and in particular the collective aspects of this relationship.
2. The use of the term lands in Articles 15 and 16 shall include the concept of
territories, which covers the total environment of the areas which the peoples
concerned occupy or otherwise use.
Article 14
1. The rights of ownership and possession of the peoples concerned over the lands
which they traditionally occupy shall be recognised. In addition, measures shall be
taken in appropriate cases to safeguard the right of the peoples concerned to use lands
not exclusively occupied by them, but to which they have traditionally had access for
their subsistence and traditional activities. Particular attention shall be paid to the
situation of nomadic peoples and shifting cultivators in this respect.
2. Governments shall take steps as necessary to identify the lands which the peoples
concerned traditionally occupy, and to guarantee effective protection of their rights of
ownership and possession.
3. Adequate procedures shall be established within the national legal system to
resolve land claims by the peoples concerned.
Article 15
1. The rights of the peoples concerned to the natural resources pertaining to their
lands shall be specially safeguarded. These rights include the right of these peoples to
participate in the use, management and conservation of these resources.