'i-t) 6~LLE~ ru.oo.u. • Human and Peoples' Rights Human Rights oo, Collective Responsibility right of these populations to participate in the use, management and conservation of these resources. 114. They alleged that in cases where the State has ownership of mineral or subsoil resources, or rights to other resources belonging to the lands, governments shall establish or maintain procedures whereby they consult the peoples concerned, with a view to ascertaining whether and to what extent their interests would be harmed, before undertaking or permitting any programmes for the exploitation or exploitation of such resources belonging to their lands. The peoples concerned should, wherever possible, share in the benefits of such activities and receive fair compensation for any harm they may suffer as a result of such activities. 115. They also refer to the United Nations Declaration on the Rights of Indigenous Peoples, which outlines and defines the individual and collective rights of indigenous peoples, in particular Article 25, which states that indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with the lands that traditionally belong to them; Article 26, which states that indigenous peoples have the right to the lands and territories that traditionally belong to them, to use and possess these lands as they wish, and that States must recognize and protect these lands. 116. The Complainants assert that indigenous property rights have been legally recognized as communal property rights. In the current international landmark case on this issue, Mayagna (Sumo) Awas Tingni v Nicaragua, the Inter-American Court of Human Rights (IACHR) recognized that the Inter-American Convention protected property rights "in a sense that includes, among others, the rights of members of indigenous communities in the context of communal property." They also affirm that the IACH stated that land tenure should be sufficient for indigenous communities without real title to obtain official recognition of this property. 11 7. They allege that in Endorois against the Respondent State (which dealt with the situation of an indigenous people forcibly removed to make way for a national reserve and tourist facilities), the African Commission stated that traditional indigenous tenure constitutes property that States Parties to the African Charter are obligated under Article 14 not only to respect, but also to protect affirmatively. 118. They note that the acquisition of indigenous property by the colonial authorities was the subject of widespread condemnation. The Privy Council Kingdom recognized that the historical association of indigenous pe lands should be considered a "continuing right of ownership". "'"' ;l:) i'i : ~ I r,,," ~. RicA1NE O Q\..<,;,.~ OESP~\l~ ··