Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation In certain circumstances, there is an obligation to obtain the consent of the indigenous peoples concerned, beyond the general obligation to have consent as the objective of consultations. For example, the Declaration explicitly requires States to obtain consent of indigenous peoples in cases of: • The relocation of indigenous peoples from their lands or territories (article 10) • The storage or disposal of hazardous materials on indigenous peoples’ lands or territories (article 29) Furthermore, indigenous peoples who have unwillingly lost possession of their lands, when those lands have been “confiscated, taken, occupied or damaged without their free, prior and informed consent” are entitled to restitution or other appropriate redress that can include lands equal in size and quality or just, fair and equitable compensation (article 28). In addition, indigenous peoples are entitled to redress with respect to cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent (article 11). Other circumstances may also require free, prior and informed consent depending on the nature of the proposed measure and the scope and depth of its impact on indigenous peoples. According to the Expert Mechanism, the right of free, prior and informed consent is an “integral element” of the right to self-determination and obtaining such a consent is required in matters of fundamental importance for the rights, survival, dignity and well-being of indigenous peoples.126 Similarly, the Special Rapporteur on the rights of indigenous peoples has stressed that “a significant direct impact on indigenous peoples’ lives or territories establishes a strong presumption that the proposed measure should not go forward without indigenous peoples’ consent. In certain contexts, the presumption may harden into a prohibition of the measure or project in the absence of indigenous consent.”127 A Mongolian herder milks her yaks in Must, Khovd Province, Mongolia. UN Photo/Eskinder Debebe. 126 Advice No. 2 (2011) on indigenous peoples and the right to participate in decision-making. 127 A/HRC/12/34, para. 47. Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent | 27