Categories | Attributes | UNDRIP articles | Instruments | Indicator | |
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Lands, territories and resources | |||||
Recognition, protection and adjudication of inherent rights to lands, territories and natural resources | Effective control over lands, territories and resources |
Art. 26.2
Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. |
ILO 107 Art. 11
The right of ownership, collective or individual, of the members of the populations concerned over the lands which these populations traditionally occupy shall be recognised.
ILO 107 Art. 13
1. Procedures for the transmission of rights of ownership and use of land which are established by the customs of the populations concerned shall be respected, within the framework of national laws and regulations, in so far as they satisfy the needs of these populations and do not hinder their economic and social development.
ILO 107 Art. 14
National agrarian programmes shall secure to the populations concerned treatment equivalent to that accorded to other sections of the national community with regard to: |
Incidents of conflicting land or resource claims
(I1) Outcome indicator
WCIP para. 19
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Incidents of settlements, land grabbing, land use or resource extraction without indigenous peoples’ free, prior and informed consent
(I93) Outcome indicator
WCIP para. 19
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Possibility to maintain, strengthen and transmit to future generations indigenous peoples’ distinct spiritual relationship with lands, territories and resources; State legal recognition and protection of indigenous peoples' lands, territories and resource |
Art. 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
Art. 26.1
Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
Art. 26.3
States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. |
Recognition of indigenous peoples’ rights to lands, territories and resources in national legislation
(I116) Structural indicator
WCIP para. 24
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Proportion of [indigenous] people with ownership or secure rights over land (out of total community population), disaggregated by sex. In order to capture relevant information related to this broad indicator, the following sub-indicators are guiding the questions: Characteristics of indigenous peoples' traditional land tenure systems; Extension of indigenous peoples' traditional territories (CA): Extention of lands covered by collective title deeds or other binding agreements; Percentage of men and women with title deeds or other binding agreements in recognition of their individual rights to lands.
(I86) Outcome indicator
SDG Indicator: 5.a.1.a
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State implementation of a fair, independent, impartial, open and transparent process, with participation of indigenous peoples, to recognize and adjudicate their rights to lands, territories and resources in accordance with their customs and procedures |
Art. 26.2
Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
Art. 27
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to 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. Indigenous peoples shall have the right to participate in this process. |
Clear procedures adopted by the State for identification, demarcation, mapping and registration of indigenous peoples’ lands or territories lands in consultation with and in accordance with indigenous norms, values and customs
(I13) Process indicator
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Dispossession, removal and relocation | No displacement or relocation without free, prior and informed consent |
Art. 10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
Art. 8.2(b)
States shall provide effective mechanisms for prevention of, and redress for: |
ILO 107 Art. 12
1. The populations concerned shall not be removed without their free consent from their habitual territories except in accordance with national laws and regulations for reasons relating to national security, or in the interest of national economic development or of the health of the said populations. |
Incidents of displacement or relocation without free, prior and informed consent
(I75) Outcome indicator
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