Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation The Declaration provides a comprehensive normative framework for advancing development with culture and identity, centred on articles 3 and 32. These articles recognize the right of indigenous peoples to determine and develop priorities and strategies regarding the development of their lands, territories and resources, based on their right to self-determination. Central to the exercise of self-determination is the right of indigenous peoples to maintain their own representative institutions and to have those institutions respected and consulted by both States and corporations. Traditional knowledge and language are key elements in development with culture and identity and indigenous peoples’ interests, knowledge and experience must be at the centre of methodologies when constructing knowledge about indigenous peoples.149 NHRIs are well positioned to promote development with culture and identity. Conflicts relating to lands, territories and resources may be brought to the attention of NHRIs and, through application of the Declaration, NHRIs may help to ensure that indigenous peoples’ strategies and priorities are respected. NHRIs may also contribute to research and policy development to enhance knowledge of indigenous peoples’ rights, including the right to self-determination, and to guide the establishment of institutional structures to support the implementation of these rights. 4. REDRESS AND COMPENSATION NHRIs are also well positioned to promote and protect indigenous peoples’ rights through applying and promoting the articles of the Declaration pertaining to lands, territories and resources. The Declaration recognizes various rights relating to redress and compensation for the violation of indigenous peoples’ rights to lands, resources and territories. Article 28 details the rights of indigenous peoples for redress and compensation where their lands, territories and resources have been taken, used or damaged without consent. This right provides a remedy for indigenous peoples who no longer possess their lands and territories so that: • Where possible, lands, territories and resources that indigenous peoples no longer possess are returned • Alternatively, fair compensation should be paid, which could include the provision of other lands, territories and resources, monetary compensation, development opportunities (i.e. employment opportunities) or any other benefits to which indigenous peoples agree. Replicating the approach taken by the Committee on the Elimination of Racial Discrimination in its general recommendation No. 23, restitution of lands and territories is to be the primary means of redress. Only when restitution is not possible should other forms of redress and compensation be explored.150 149 Ibid., paras. 40, 42 and 44. 150 See also J. Gilbert and C. Doyle, “A New Dawn over the Land: Shedding Light on Collective Ownership and Consent” in Reflections on the UN Declaration on the Rights of Indigenous Peoples, S. Allen and A. Xanthaki, eds. (2011), p. 299. Chapter 4: The content of the Declaration: Lands, territories and resources; development with identity; and redress and compensation | 35