The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions KEY POINTS: CHAPTER 4 • What constitutes the lands, territories and resources of a particular indigenous people will depend on the specific circumstances of the community in question. • Key impediments to the full and free enjoyment of indigenous peoples’ rights to lands, territories and resources include the failure of States to recognize the existence of indigenous use, occupancy and ownership and the failure of States to accord appropriate legal status, juridical capacity and other legal rights in connection with indigenous peoples’ ownership of land. • States have an obligation to provide effective mechanisms for redress when the free, prior and informed consent of the indigenous peoples has not been sought. 36 | Chapter 4: The content of the Declaration: Lands, territories and resources; development with identity; and redress and compensation