including those which were traditionally owned or otherwise occupied or
used. Indigenous peoples shall have the right to participate in this process.
Article 28
1. Indigenous peoples have the right to redress, by means that can
include restitution or, when this is not possible, just, fair and equitable
compensation, for the lands, territories and resources which they have
traditionally owned or otherwise occupied or used, and which have
been confiscated, taken, occupied, used or damaged without their free,
prior and informed consent.
2.
Unless otherwise freely agreed upon by the peoples concerned,
compensation shall take the form of lands, territories and resources
equal in quality, size and legal status or of monetary compensation or
other appropriate redress.
Article 29
1. Indigenous peoples have the right to the conservation and protection
of the environment and the productive capacity of their lands or
territories and resources. States shall establish and implement
assistance programmes for Indigenous peoples for such conservation
and protection, without discrimination.
Article 31
1. Indigenous peoples have the right to maintain, control, protect and
develop their cultural heritage, traditional knowledge and traditional
cultural expressions, as well as the manifestations of their sciences,
technologies and cultures, including human and genetic resources,
seeds, medicines, knowledge of the properties of fauna and flora, oral
traditions, literatures, designs, sports and traditional games and visual
and performing arts. They also have the right to maintain, control,
protect and develop their intellectual property over such cultural
heritage, traditional knowledge, and traditional cultural expressions.
2.
In conjunction with Indigenous peoples, Malaysia and the state of
Sabah specifically, shall take effective measures to recognize and
protect the exercise of these rights.
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