e. Ensure that compensation for public acquisition of property fairly balances
the rights of the individual and the wider interests of society. In general,
compensation should be reasonably related to the market value of the
acquired property. However, in certain circumstances public interest may
require less than market value compensation or, exceptionally, none at all.
Vulnerable Groups, Equality and Non-Discrimination
f. To ensure that members of vulnerable and disadvantaged groups, including
indigenous populations/communities who are victims of historical land
injustices, have independent access to and use of land and the right to
reclaim their ancestral rights, and are adequately compensated for both
historical and current destruction or alienation of wealth and resources. This
may include land redistribution programmes implemented according to the
due process of the law. States should protect traditional land ownership,
while ensuring gender equality.
g. To prevent unfair exploitation of natural resources by both state and non
state national and international actors.
h. To ensure equitable and non-discriminatory access, acquisition, ownership,
inheritance and control of land and housing, especially by women. This
includes the obligation to take measures to modify or prohibit harmful social,
cultural or other practices that prevent women and other members of
vulnerable and disadvantaged groups from enjoying their right to property,
particularly in relation to housing and land.
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