Return to Australian National News of the DayIndigenous peoples have the right to own, develop, control and use the lands and territories, including the total environment of the lands, air, waters, coastal seas, sea-ice, flora and fauna and other resources which they have traditionally owned or otherwise occupied or used. This includes the right to the full recognition of their laws, traditions and customs, land-tenure systems and institutions for the development and management of resources, and the right to effective measures by States to prevent any interference with, alienation of or encroachment upon these rights.
Article 27
Indigenous peoples have the right to the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged without their free and informed consent. Where this is not possible, they have the right to just and fair compensation. 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.
Article 28
Indigenous peoples have the right to the conservation, restoration and protection of the total environment and the productive capacity of their lands, territories and resources, as well as to assistance for this purpose from States and through international cooperation. Military activities shall not take place in the lands and territories of indigenous peoples, unless otherwise freely agreed upon by the peoples concerned.
States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands and territories of indigenous peoples.
States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.
Article 29
Indigenous peoples are entitled to the recognition of the full ownership, control and protection of their cultural and intellectual property.
They have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs and visual and performing arts.
Article 30
Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands, territories and other resources, including the right to require that States obtain their free and informed consent prior to the approval of any project affecting their lands, territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. Pursuant to agreement with the indigenous peoples concerned, just and fair compensation shall be provided for any such activities and measures taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
In case you might think that this draft does not apply to Australia, have a look at the Aboriginal and Torres Strait Islander (ATSIC) version - also on line under the heading, "The United Nations Draft Declaration on the Rights of Indigenous Peoples (Plain Language Version)"
Part VI. Land and Resources
Part VI sets out the rights of indigenous peoples to their land. They have the right to maintain their distinctive spiritual
relationship with their land, waters and resources. They have the right to own and develop their land, waters and resources,
and to the return of land taken without their consent. Their environment and their cultural and intellectual property must be
protected. Indigenous peoples have the right to control development of their land.
Cultural Property
There is high demand for indigenous artwork and cultural artefacts. Through theft and unauthorised use and sale,
indigenous peoples have been robbed of their cultural heritage. Therefore, indigenous peoples are seeking protection of
their "cultural property". This includes sites, human remains, oral traditions, designs, art and ceremonies.
Intellectual Property
Indigenous knowledge is a valuable resource. However, the profits are rarely shared with indigenous peoples.
Therefore, indigenous peoples are seeking protection of their "intellectual property". This means indigenous knowledge
in areas such as medicinal plants, agricultural biodiversity and environmental management.
Article 25 : Distinctive Relationship ;
Indigenous peoples have the right to keep and strengthen their distinctive spiritual relationship with their land and waters.
Article 26 : Ownership;
Indigenous peoples have the right to own and control the use of their land, waters and other resources. Indigenous laws and
customs shall be recognised.
Article 27 : Restitution;
Indigenous peoples have the right to return of land and resources taken without their consent. Where this is not possible, they
shall receive just compensation in the form of land and resources.
Article 28 : Environment;
Indigenous peoples shall receive assistance in order to restore and protect the environment of their land and resources. Army
activities shall not take place on the land of indigenous peoples without their consent. Hazardous material shall not be stored or
disposed of on the land of indigenous peoples. Governments shall take measures to assist indigenous peoples whose health has
been affected by such material.
Article 29 : Cultural and Intellectual Property;
Indigenous peoples have the right to own and control their cultural and intellectual property. They have the right to special
measures to control and develop their sciences, technologies, seeds, medicines, knowledge of flora and fauna, oral traditions,
designs, art and performances.
Article 30 : Resource Development;
Indigenous peoples have the right to determine strategies for the development of their land and resources. Governments must
obtain the consent of indigenous peoples before giving approval to activities affecting their land and resources, particularly the
development of mineral, water and other resources. Just compensation must be paid for such activities.
Aboriginal Social Justice Commissioner Mick Dodson has declared the draft "The floor not the ceiling. We are still on the plains but hope to climb the foothills and then the mountains in terms of our rights."
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