38 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND 2006, the UN Human Rights Council adopted the Draft Declaration, with some revisions from the Chair of the WGDD. Then in September 2007, the UN General Assembly adopted the United Nations Declaration on the Rights of Indigenous Peoples. 4.11 The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a comprehensive list of rights of indigenous peoples. The Declaration contains 46 articles covering both individual and collective rights. Common themes in the articles include nondiscrimination, land rights, indigenous customs, and State obligations to obtain the ‘free, prior and informed consent’ of the community prior to taking actions that threaten indigenous interests in traditional lands. 4.12 The preambular paragraphs of the Declaration provide important background information regarding the need and purpose of the Declaration. After reiterating in multiple ways that discrimination in any manifestation, whether based on race, culture, national origin, ethnicity, or religion, is unequivocally prohibited, the Declaration explains that indigenous people ‘have suffered from historic injustices as a result of, inter alia, their colonisation and dispossession of their lands, territories and resources’, a situation that has precluded them from exercising their right to development according to their own priorities. The preface to the Declaration also notes the ‘urgent need to respect and promote the inherent rights of indigenous peoples’, rights that emerge from their political, economic, social, and cultural traditions and philosophies, ‘especially their rights to their lands, territories and resources’. The need for indigenous control ‘over developments affecting them and their lands, territories and resources’ to maintain ‘their institutions, cultures and traditions’ is also recognised. 4.13 Article 2 States that indigenous peoples are equal to others and have the right to be free from discrimination in the exercise of their human rights. Article 5 provides that ‘[i]ndigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions.’ Article 7(1) protects the right to life. Article 10 prohibits the forced removal of indigenous peoples from their lands and requires that Governments obtain ‘free, prior and informed consent of the indigenous peoples’ prior to relocation. Such relocation must also be based on an agreement providing for ‘just and fair compensation’ and if possible, providing the option for return. Article 11 protects the right to practise and revitalize cultural traditions and customs. This includes the right to protect archaeological and historical sites. States must provide redress where indigenous cultural, intellectual, religious or spiritual property is taken without free, prior and informed consent. 4.14 Article 12 provides the right of indigenous peoples to practise their traditions and customs. Article 20(1) protects the right to maintain and develop indigenous political, economic, and social institutions. Article 21 protects the right of indigenous people to improved economic and social conditions and requires States to take measures to ensure such improvement. Article 34 protects the right to promote, develop and maintain distinctive customs and traditions in accordance with human rights standards. 4.15 Article 18 guarantees the right of indigenous peoples to participate in decisions that may affect their rights. Article 19 requires States to consult and cooperate with indigenous peoples before adopting legislation that may affect their interests. 4.16 Article 25 notes the right of indigenous peoples ‘to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands’. Article 26(1) secures the right of indigenous peoples to the lands and resources they have chapter 4_a4.indd 38 7/5/13 6:46 PM