Article 26
1. Indigenous peoples have the right to the lands, territories and resources
which they have traditionally owned, occupied or otherwise used or
acquired.
2. Indigenous peoples have the right to own, use, develop and control the
lands, territories and resources that they possess by reason of traditional
ownership or other traditional occupation or use, as well as those which
they have otherwise acquired.
3. States shall give legal recognition and protection to these lands,
territories and resources. Such recognition shall be conducted with due
respect to the customs, traditions and land tenure systems of the
Indigenous peoples concerned.
Article 27
States shall establish and implement, in conjunction with Indigenous
peoples concerned, a fair, independent, impartial, open and transparent
process, giving due recognition to Indigenous peoples’ laws, traditions,
customs and land tenure systems, to recognize and adjudicate the rights
of Indigenous peoples pertaining to their lands, territories and resources,
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.
17 | D u s u n K i a u C o m m u n i t y P r o t o c o l