A/HRC/39/62 19. States that have ratified Indigenous and Tribal Peoples Convention, 1989 (No. 169) should interpret and apply its provisions on consultation and free, prior and informed consent in accordance with other relevant standards, notably the United Nations Declaration on the Rights of Indigenous Peoples and emerging jurisprudence, including by regional human rights mechanisms. 20. States should ensure that, when relevant, indigenous peoples are provided with redress, which may include restitution, and that indigenous peoples are able to make their own decision about the form of redress best able to restore and protect their rights. This could be provided through culturally appropriate redress mechanisms, taking into account customary laws. States should not limit redress to cash compensation or arbitrarily exclude the potential for return or restoration of lands. Compensation should as far as possible take the form of lands and territories.2 21. 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 or other appropriate redress (Declaration, art. 28). If direct financial benefits in the form of compensation are agreed upon for any adverse effects caused by the project, they should accrue to indigenous peoples irrespective of whether or not they own the land or resources. This may require amendments to legislation. 22. States should ensure that any consent agreements are in writing and include, inter alia, provisions on impact mitigation, compensation and an equitable distribution of the benefits from the project; joint management arrangements; grievance procedures; and a dispute regulation mechanism with equal capacity of both sides. Access to justice for claims by indigenous peoples should be guaranteed. 23. States should facilitate and support processes to draw up long-term development plans in collaboration and cooperation with indigenous peoples, including national action plans, as committed to by States in the Declaration at the World Conference on Indigenous Peoples.3 2 3 20 Committee on the Elimination of Racial Discrimination, general recommendation No. 23. See General Assembly resolution 69/2.