E/CN.4/2002/97 page 35 15 José Aylwin O., El acceso de los indígenas a la tierra en los ordenamientos jurídicos de América Latina. Un estudio de casos. Santiago, ECLAC, March 2001 (manuscript). 16 Colin Nicholas, “Orang Asli and human rights”, Subang Jaya, Malaysia, Center for Orang Asli Concerns, 2001. The indigenous peoples of Sabah and Sarawak are covered by separate legislation, and their situation is somewhat different from that of the Orang Asli, but they face many of the same problems. 17 The Mayagna (Sumo) Indigenous Community of Awas Tingni v. The Republic of Nicaragua, Judgement Summary and Order of the Inter-American Court of Human Rights, issued 31 August 2001. 18 Daes, op. cit., para. 38. 19 See the report of the Expert Seminar on Practical Experience Regarding Indigenous Land Rights and Claims held in Whitehorse, Canada, in 1996 (E/CN.4/Sub.2/AC.4/1996/6). 20 This section deals with rural indigenous people only. Urban indigenous people have different problems, which will be dealt with in another context. 21 Human Rights Committee, general comment No. 23 on article 27 of the International Covenant on Civil and Political Rights (CCPR/C/21/Rev.1/Add.5) adopted at its 1314th meeting (fiftieth session), 6 April 1994. 22 The Nunavut web site is www.nunavut.com. 23 Congresos y organizaciones indígenas de Panamá, Informe de la Situación de los Derechos Humanos de los Pueblos Indígenas de Panamá, Panama, report presented to the Inter-American Commission of Human Rights, 6 June 2001. 24 Article 15, paragraph 1, of ILO Convention No. 169 reads as follows: “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.” Article 18 of the Draft United Nations declaration on the rights of indigenous peoples states: “Indigenous peoples have the right to the conservation, restoration and protection of the total environment and the productive capacity of their lands, territories and resources.” Article 30 states: “Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands, territories and other resources.” 25 Article 18, paragraph 4 reads: “Indigenous peoples have the right to an effective legal framework for the protection of their rights with respect to the natural resources on their lands, including the ability to use, manage, and conserve such resources; and with respect to traditional uses of their lands, interests in lands, and resources, such as subsistence.”