The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions In the Endorois case, the African Commission held the view that, in the pursuit of creating a game reserve, the State unlawfully evicted the Endorois from their ancestral land and destroyed their possessions. It also held that that the upheaval and displacement of the Endorois and the denial of their property rights over their ancestral land was disproportionate to any public need served by the game reserve. The Special Rapporteur on the rights of indigenous peoples has actively promoted the resource and land rights of indigenous peoples through thematic and country visit reports.144 Indigenous rights relating to the protection of lands, territories and resources have implications that extend beyond the protection of the lands themselves. The associated concerns have been examined by several special procedure mandate holders. The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, has recommended that actions be taken to protect indigenous lands as part of the protection of the right to an adequate standard of living. The Special Rapporteur has also noted that “measures aiming at realization of indigenous peoples’ right to adequate housing should include respect for their traditional lands and elaboration of culturally sensitive land and housing policies”.145 The Special Rapporteur on the right to food has on numerous occasions recommended to States that they take action to ensure the protection of indigenous peoples’ rights to lands in order to ensure their enjoyment of the right to food.146 Indigenous peoples’ land and resource rights derive from their rights to cultural integrity, nondiscrimination, self-determination and property, including the right to collective ownership or use. Consultation and the right to consent are also critical elements of indigenous peoples’ right to lands and natural resources. The interpretation of these rights by regional and international human rights bodies, as well at its application in relation to indigenous peoples’ rights to lands and natural resources, are examined in Chapters 2 and 3 of this Manual. 3. DEVELOPMENT WITH CULTURE AND IDENTITY While indigenous peoples have the right to develop in common with the broader communities and societies in which they live, there are often particular concerns relating to indigenous peoples that must at all times be taken into account with regard to development initiatives that affect them.147 The concept of development with culture and identity recognizes that indigenous peoples may assess the well-being of their communities and the appropriate use of their lands, territories and resources in a manner that is distinct from non-indigenous communities. In many instances, development paradigms of modernization and industrialization have contributed to the destruction of natural resources and indigenous governance, economic, social, education, cultural, health, spiritual and knowledge systems. Indigenous peoples have also encountered challenges when trying to maintain their strategies and priorities for their lands, territories and resources because their cultures and identities are seen as “obstacles” to progress. Development with culture and identity is characterized by a holistic approach that seeks to build on collective rights, security and greater control and self-governance of lands, territories and resources.148 144 See, for example, the Special Rapporteur’s reports to the Human Rights Council on extractive industries operating within or near indigenous territories (A/HRC/18/35 and A/HRC/21/47). 145 E/CN.4/2006/41/Add.3, p. 22. 146 A/HRC/13/33/Add.5. 147 A/65/264, para. 25. 148 United Nations Permanent Forum on Indigenous Issues, “Indigenous peoples: development with culture and identity: articles 3 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples, Report of the international expert group meeting, New York, United States of America, 19-30 April 2010” (E/C.19/2010/14), paras. 19-22. 34 | Chapter 4: The content of the Declaration: Lands, territories and resources; development with identity; and redress and compensation