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.
2.
Unless otherwise freely agreed upon by the
peoples concerned, compensation shall take
20