IV. Conclusions and recommendations

Securing rights to land, territories and resources, with a focus on extractive industries

45. Where they have not done so already, States should enact and effectively implement legislation recognizing indigenous peoples’ customary tenure rights over lands and resources. This legislation should provide for demarcation of indigenous peoples’ territories in a manner that is efficient and not burdensome on the groups concerned, and ensure that respect for indigenous peoples’ authorities and customary laws and practices is a paramount consideration. These mechanisms should also provide for restitution and compensation for lands taken from indigenous peoples without their free, prior and informed consent, including lands taken as a result of concessions issued for extractive or other projects or the establishment of conservation areas such as natural parks

49. States in the region should take steps to increase the participation of indigenous peoples in the management of natural parks and other conservation areas, and should minimize any restrictions that prohibit these peoples from carrying out traditional subsistence and cultural activities within these areas.