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PRIORITYMEASURE88
“Respect and guarantee the territorial rights of indigenous peoples, including those of peoples living in voluntary isolation and those in the initial phase of contact,
with special attention to the challenges presentedby extractive industries and othermajor global investments, mobility and forced displacements,
and design policies that facilitate free, prior and informed consultation onmatters that affect these peoples, pursuant to the provisions
of theUnitedNationsDeclaration on theRights of Indigenous Peoples.”
Comments
1. Thismeasure implies a broad spectrum of actions that are key to the life and survival of indigenous peoples and that are highlighted in
the Declaration on the Rights of Indigenous Peoples and in ILO Convention 169, and are monitored by the specific mechanisms
described in PM 85. In addition, theWorldConference on Indigenous Peoples established commitments and agreements that are being
implemented in the Plan of Action. However, some dimensions of territorial rights are addressed in other chapters of the Consensus.
For that reason it is essential to follow the international guidelines on the State’s duty to consult and to guarantee the free, prior and
informed consent of indigenous peoples (see PM85).
2. The priority measures included in chapter G, “Territory inequality, spatial mobility and vulnerability”, must give special attention to
the particular situation of indigenous peoples, considering in particular: (i) the boundaries of indigenous territories, regardless of their
status; (ii) the impact of extractive industries on indigenous population dynamics (forced displacement, violence in the territories,
emigration driven by environmental deterioration, etc.); and (iii) implementation ofmeasures that transcend the urban-rural dividewith
respect to the collective rights of indigenous peoples, and inparticular the situationof indigenous people living in cities.
3. The implementation of PM 83 on natural resources must take explicit account of the territorial rights of indigenous peoples, which
embrace the land, the territory and control of natural resources. Indigenous peoples must also be explicitly included in PM 77 on
development and well-being in all territories, PM 81 on territorial and urban planning, and PM 84 on the use of geo-referenced
information (ameasure complementary toPM 90).
4. With respect to international migration, PM 71 on dialogue and international cooperation requires special measures to establish
agreements among adjacent countries for the free circulation of indigenous peoples through their ancestral territories that were
fragmentedby the establishment of boundaries imposed by States.
5. All the above considerations about territorial rights (including land ownership and control of natural resources), migrations and
displacements, demographic impacts of extractive industries and city-dwelling indigenous people, should capture the particular
situationof indigenouswomen, children, youngpersons, older persons and personswith disabilities.
