A/HRC/45/38
by protecting them against discrimination and dispossession, 2 and by supporting them,
where necessary, in the management of their lands.
11.
States should establish and implement, in conjunction with indigenous peoples
concerned, a fair, independent, impartial, open and transparent process, having due regard
for 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
(Declaration, art. 27).
12.
States should ensure that indigenous peoples who have unwillingly lost possession
of their lands, or whose lands have been confiscated, taken, occupied or damaged without
their free, prior and informed consent, are entitled to restitution and if restitution is not
possible other appropriate redress bearing in mind that compensation should not be limited
to financial awards but should also take the form of alternative similar lands (Declaration,
art. 28).3
13.
States should ensure that companies assume responsibility for effectively and
immediately cleaning up lands, territories and resources polluted by their development
activities, in collaboration and coordination with affected indigenous peoples.
14.
Multinational companies should be aware of the presence of indigenous peoples, in
all countries in which they carry out activities, and respect their rights, in particular their
land rights, in accordance with international principles. 4
15.
States should take measures to ensure the representation of indigenous peoples in all
aspects of public life, beyond those forums that deal exclusively with indigenous issues,
including in the executive, in the parliament and in the judiciary, as well as in regional and
international bodies.
16.
States should ensure urgent and particular attention to protecting the land rights of
indigenous peoples in voluntary isolation and respecting the principle of no contact.
Additional positive protection measures should also be applied, including the establishment
of buffer areas, control of access and surveillance, and contingency plans, including health
plans, for cases of accidental or forced contact. 5
17.
States should ensure that all those working on indigenous issues in the State,
including legislators, and State officials, including regional or local enforcement officials
and members of the judiciary, are familiar with the rights of indigenous peoples.
18.
States should take measures, including those recommended by the Special
Rapporteur on the rights of indigenous peoples, to end violence against and persecution of
defenders of indigenous land and provide redress for harm suffered. 6
19.
Indigenous peoples should consider building public awareness about their land
rights to prevent illegal incursions on or the misappropriation of indigenous land. They
should also consider collaborating with and offering training to the media on indigenous
land rights, particularly when engaging in strategic litigation. Such measures should be
supported by State institutions.
20.
Indigenous peoples should consider how to enhance political support for the
implementation of their land rights.
21.
Indigenous peoples should build their own capacity on their rights under the
Declaration and on how to enforce them at the national, regional and international levels
through, for example, the indigenous fellowship programme of the Office of the United
Nations High Commissioner for Human Rights and by seeking grants from the United
Nations Voluntary Fund for Indigenous Peoples to attend international events on
2
3
4
5
6
Committee on the Elimination of Discrimination against Women, general recommendation No. 34
(2016) on the rights of rural women.
See also A/HRC/39/62.
See www.ohchr.org/documents/publications/guidingprinciplesbusinesshr_en.pdf.
See www.refworld.org.es/pdfid/5a95c4fb4.pdf.
See A/HRC/39/17.
19