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Atlas · People & rights

IndigenousAtlas

Which Indigenous legal orders and rights apply here?

Reference, pending review

Indigenous legal orders as legal systems in their own right, and the state and international law that recognises them — UNDRIP, ILO Convention 169, treaties and land rights.

Rights

7 records
Rights Consent before projects affecting lands and resources States shall obtain free and informed consent before approving projects affecting Indigenous lands, particularly the development of mineral, water or other resources. UNDRIP art. 32(2) Pending review Rights Consultation before legislative or administrative measures States shall consult and cooperate in good faith to obtain free, prior and informed consent before adopting measures that may affect Indigenous peoples. UNDRIP art. 19 Pending review Rights No forcible removal from lands Indigenous peoples shall not be forcibly removed from their lands or territories, and no relocation shall take place without their free, prior and informed consent. UNDRIP art. 10 Pending review Rights No hazardous materials without consent No storage or disposal of hazardous materials on Indigenous lands without free, prior and informed consent. UNDRIP art. 29(2) Pending review Rights Redress for cultural property taken without consent States shall provide redress for cultural, intellectual, religious and spiritual property taken without free, prior and informed consent. UNDRIP art. 11(2) Pending review Rights Redress for lands taken without consent Indigenous peoples have the right to redress for lands, territories and resources taken, occupied or damaged without their free, prior and informed consent. UNDRIP art. 28 Pending review Rights Rights of minorities Persons belonging to ethnic, religious or linguistic minorities may enjoy their own culture, religion and language. ICCPR art. 27 Pending review

Treaties

3 records
Treaties Convention on Biological Diversity Conservation, sustainable use and fair sharing of benefits of genetic resources. Treaties Indigenous and Tribal Peoples Convention, 1989 (No. 169) Consultation and participation of Indigenous and tribal peoples; land rights. Treaties United Nations Declaration on the Rights of Indigenous Peoples Adopted by General Assembly resolution 61/295. A declaration, not a treaty: it is not ratified, and its legal force comes through other law.

Recent events

  1. CBD entered into force UN Treaty Collection ↗

Areas of law

Customary Law Indigenous & Tribal Law Find a lawyer: Customary Law Find a lawyer: Indigenous & Tribal Law

What we do not have yet

  • No legislation in the corpus is tagged with this domain's concepts yet.
  • No court decisions in the corpus are tagged with this domain's concepts yet.

A gap is reported, not hidden: an empty section here means nothing is loaded, not that nothing exists.

Sources UNDRIP (A/RES/61/295)ILO Convention No. 169