Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation
Chapter 4:
The content of the Declaration:
Lands, territories and resources;
development with identity; and
redress and compensation
KEY QUESTIONS
• What are the lands, resources and territories of indigenous peoples?
• How do indigenous peoples relate to their lands, resources and
territories?
• What protections exist in relation to the lands, resources and territories of
indigenous peoples?
• What avenues of redress do indigenous peoples have in relation to their
rights to lands, territories and resources?
• What is development with culture and identity?
1. CHALLENGES FACED BY INDIGENOUS
PEOPLES IN RELATION TO LANDS AND NATURAL
RESOURCES
From time immemorial, indigenous peoples have maintained a special relationship with the land, their
source of livelihood and sustenance and the basis of their very existence as communities. The issues
of land, territory and access to natural resources remain central to observing the human rights and
fundamental freedoms of indigenous peoples.
The nature and importance of those relationships is fundamental for both the material subsistence and
the cultural integrity of many indigenous peoples.136 The Permanent Forum has commented on the
significance of the relationship between indigenous peoples and their lands:
Land is the foundation of the lives and cultures of indigenous peoples all over the world. This is
why the protection of their right to lands, territories and natural resources is a key demand of
the international indigenous peoples’ movement and of indigenous peoples and organizations
everywhere. It is also clear that most local and national indigenous peoples’ movements have
emerged from struggles against policies and actions that have undermined and discriminated
against their customary land tenure and resource management systems, expropriated their lands,
extracted their resources without their consent and led to their displacement and dispossession
from their territories. Without access to and respect for their rights over their lands, territories and
natural resources, the survival of indigenous peoples’ particular distinct cultures is threatened.
136
Inter-American Commission on Human Rights, Indigenous and Tribal Peoples’ Rights Over Their Ancestral Lands and Natural
Resources: Norms and Jurisprudence of the Inter-American Human Rights System (OEA/Ser.L/V/II. Doc. 56/09, 2009), para. 56.
Chapter 4: The content of the Declaration: Lands, territories and resources; development with identity; and redress and compensation | 31