The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions
Land rights, access to land and control over it and its resources are central to indigenous peoples
throughout the world, and they depend on such rights and access for their material and cultural
survival. In order to survive as distinct peoples, indigenous peoples and their communities need
to be able to own, conserve and manage their territories, lands and resources.137
Indigenous peoples, if deprived of the natural resources pertaining to their lands and territories, may
be deprived of meaningful economic and political self-determination and self-development. In many
situations, indigenous peoples may also be effectively deprived of their cultures and the enjoyment of
other human rights by reason of extreme poverty and lack of access to their means of subsistence.138
Two of the primary constraints on the full and free enjoyment of indigenous peoples’ rights to lands,
territories and resources relate to either the failure of States to recognize the existence of indigenous
use, occupancy and ownership or the failure of States to accord appropriate legal status, juridical
capacity and other legal rights in connection with indigenous peoples’ ownership of land.139
Other indigenous groups face challenges relating to the abrogation of treaty rights and the failure to
demarcate lands.
Issues of land tenure and indigenous peoples can generate a great deal of complexity and conflict where
domestic law has developed without appropriation, recognition or protection for indigenous peoples’
rights to lands, territories and natural resources. Many indigenous peoples experience the loss of lands
due to expropriation for national interests and the associated removals and relocations have had many
negative impacts on the well-being of indigenous communities and their enjoyment of their rights.140
The social, environmental and cultural impacts of large-scale development projects and extractive
industries are also an increasing concern for many indigenous peoples. The Special Rapporteur on the
rights of indigenous peoples has identified extractive industries as a subject of special concern during
his mandate.141
A Bakoya Pygmy woman outside her home in the village of Imbong in Gabon’s northeastern Ogooué-Ivindo province. UN Photo/Gill Fickling.
137
E/2007/43 and E/C.19/2007/12, paras. 5-6.
138
E/CN.4/Sub.2/2004/30, para. 58.
139
E/CN.4/Sub.2/2001/21, para. 34.
140
Ibid., paras. 48-84.
141
A/HRC/18/35.
32 | Chapter 4: The content of the Declaration: Lands, territories and resources; development with identity; and redress and compensation