H.88 - Indigenous peoples and territorial rights

H.88 - Indigenous peoples and territorial rights
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 presented by extractive industries and other major global investments, mobility and forced displacements, and design policies that facilitate free, prior and informed consultation on matters that affect these peoples, pursuant to the provisions of the United Nations Declaration on the Rights of Indigenous Peoples.
Priority measure number


The priority measures included in chapter G on 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, and migration driven by environmental deterioration, among others); and (iii) implementation of measures that transcend the urban-rural divide with respect to the collective rights of indigenous peoples, and in particular the situation of indigenous people living in cities.

The implementation of priority measure 83 on natural resources must take explicit account of the territorial rights of indigenous peoples, which encompass the land, the territory and control of natural resources. Indigenous peoples must also be explicitly included in priority measure 77 on development and well-being in all territories, priority measure 81 on territorial and urban planning, and priority measure 84 on the use of georeferenced information (which is complementary to priority measure 90).

With respect to international migration, fulfillment of priority measure 71 on dialogue and international cooperation requires special measures to establish agreements among adjacent countries for the free circulation of indigenous peoples through ancestral territories that were fragmented by the establishment of boundaries imposed by States.

All the above considerations regarding 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 situation of indigenous women, children, young persons, older persons and persons with disabilities.

Related instruments, forums and mechanisms

This measure implies a broad spectrum of actions that are key to the life and survival of indigenous peoples and that are highlighted in the United Nations Declaration on the Rights of Indigenous Peoples and in ILO Convention 169, and are monitored by the specific mechanisms described in priority measure 85. In addition, the World Conference 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 Montevideo Consensus on Population and Development. For that reason, it is essential to follow the international guidelines regarding the State’s duty of consultation and its obligation to guarantee procedures for free, prior and informed consent of indigenous peoples (see priority measure 85).

H. Indigenous people