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III. Obligations Arising from the Human Rights of Particular Groups

4.1 Rights to self-determination; to lands, territories, and resources; and to conservation of lands

Indigenous peoples have the rights to self-determination and to freely pursue their economic, social, and cultural development. They also have the right to own, use, develop, and control the lands, territories, and resources that they have traditionally owned, occupied, or otherwise acquired. Indigenous peoples have the right to conserve their lands and protect them from harm caused by drug control measures.

In accordance with these rights, States should:

i. Ensure that drug control measures do not deprive indigenous peoples of their right to self-determination or their right to subsistence.

ii. Ensure that drug control measures recognise, respect, and protect the rights of indigenous peoples to own, use, develop, and control their lands, territories, and resources.

iii. Ensure that drug control measures do not negatively affect the right to conservation or productive capacity of indigenous peoples’ lands.

iv. Take effective measures to prevent and redress harms to the environment and productive capacity of indigenous territories and resources caused by drug control measures.

v. Require comprehensive environmental impact assessments to be carried out with the participation of relevant indigenous peoples in order to assess the environmental, economic, social, cultural, and spiritual impacts of drug control activities prior to their commencement and to determine the extent to which these activities can be modified.

vi. Monitor the implementation of such drug control activities and modifications.

vii. In the event of harm resulting from drug control measures, develop and implement adequate and effective remediation measures in consultation with affected populations.

Commentary:

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