Categories | Attributes | UNDRIP articles | Indicator | Questions | Guidance | |
---|---|---|---|---|---|---|
Lands, territories and resources | ||||||
Recognition, protection and adjudication of inherent rights to lands, territories and natural resources | Effective control over lands, territories and resources |
Art. 26.2
Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. |
Incidents of conflicting land or resource claims
(I1) Outcome indicator
WCIP para. 19
| Does your people/community experience conflicts related to land or natural resources? Q45(LCS)
Response options 1: Yes
2: No | This is a simple yes or no question to assess whether your people/community experiences conflicts related to lands and natural resources. Such conflicts are situations where state institutions, settlers, neighbouring communities, private companies or other external actors claim the land or natural resources that belong to your community/people. | |
Incidents of settlements, land grabbing, land use or resource extraction without indigenous peoples’ free, prior and informed consent
(I93) Outcome indicator
WCIP para. 19
| Have there, since 2008, been incidents of settlements, land grabbing, land use or resource extraction without indigenous peoples’ free, prior and informed consent? Q45(LNS)
Response options 1: Yes
2: No | This question monitors whether indigenous peoples have effective control over their lands, territories and resources, as provided for in Art. 26(2) of UNDRIP. The state duty to consult with indigenous peoples in good faith, in order to obtain their free, prior and informed consent prior to approving any project that affects their lands, territories and resources, is enshrined in article 32(2) of UNDRIP. | ||||
Incidents of conflicting land or resource claims
(I1) Outcome indicator
WCIP para. 19
| If your people/community experience conflicts related to land or natural resource, are these related to (please tick several boxes, as appropriate): Q46(LCS)
Response options 1: Extractive industries
2: Infrastructure 3: Largescale commercial agriculture 4: Energyrelated projects 5: Settlers 6: Establishment of parks or protected areas 7: Illegal logging or other illegal activities 8: Disputes within or among indigenous communities 9: Other | If you answer yes to the previous question, you are asked to specify the reasons for these conflicts. Note that you can tick as many boxes as relevant, including the box “others”. If you tick that box, please provide more information about the other reasons for conflicts experienced by your people/community. | ||||
Incidents of settlements, land grabbing, land use or resource extraction without indigenous peoples’ free, prior and informed consent
(I93) Outcome indicator
WCIP para. 19
| Have your people or community/ies, since 2008, experienced incidents of settlement, land grabbing, land use or resource extraction without your free, prior and informed consent? Q47(LCS)
Response options 1: Yes
2: No | This is a simple yes/no question to assess if any lands or resources have actually been taken from your people/community or used by outsiders without your free, prior and informed consent (FPIC). If you answer yes to this question, please provide additional information about any such events. | ||||
Possibility to maintain, strengthen and transmit to future generations indigenous peoples’ distinct spiritual relationship with lands, territories and resources; State legal recognition and protection of indigenous peoples' lands, territories and resource |
Art. 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
Art. 26.1
Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
Art. 26.3
States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. |
Proportion of [indigenous] people with ownership or secure rights over land (out of total community population), disaggregated by sex. In order to capture relevant information related to this broad indicator, the following sub-indicators are guiding the questions: Characteristics of indigenous peoples' traditional land tenure systems; Extension of indigenous peoples' traditional territories (CA): Extention of lands covered by collective title deeds or other binding agreements; Percentage of men and women with title deeds or other binding agreements in recognition of their individual rights to lands.
(I86) Outcome indicator
SDG Indicator: 5.a.1.a
| What are the characteristics of your traditional land and resource tenure system? Please tick as many boxes as relevant Q39(LCS)
Response options 1: Lands and resources are not considered property and cannot be held by people or communities
2: Lands and resources are held and managed collectively by the community 3: Lands and resources are held and managed by families, clans or other groups within the community 4: Lands and resources are held and managed individually 5: Other | This question seeks to generate data on the characteristics of your community/people's own land tenure systems. These will vary from people to people, and you should chose the option/s that most closely describe the system as follows: | ||
Recognition of indigenous peoples’ rights to lands, territories and resources in national legislation
(I116) Structural indicator
WCIP para. 24
| Is your right to lands, territories and resources recognised by the government? Q41(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | This question seeks overall information about the government's official recognition of your right to land. | ||||
Does national legislation recognise indigenous peoples’ collective rights to lands, territories and resources? Q41(LNS)
Response options 1: Yes
2: No | Indigenous peoples’ collective right to the lands, territories and resources they have traditionally owned, occupied or otherwise used or acquired are key provisions of the UNDRIP, and intrinsically linked to their collective right to self-determination, non-discrimination, cultural and spiritual integrity, and development as distinct peoples. | |||||
State implementation of a fair, independent, impartial, open and transparent process, with participation of indigenous peoples, to recognize and adjudicate their rights to lands, territories and resources in accordance with their customs and procedures |
Art. 26.2
Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
Art. 27
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. |
Clear procedures adopted by the State for identification, demarcation, mapping and registration of indigenous peoples’ lands or territories lands in consultation with and in accordance with indigenous norms, values and customs
(I13) Process indicator
| Has the State adopted clear procedures for identification, demarcation, mapping and registration of indigenous peoples’ lands or territories in consultation with and in accordance with indigenous norms, values and customs? Q42(LNS)
Response options 1: Yes
2: No 3: Development of procedures is in progress | This question monitors States’ implementation of a fair, independent, impartial, open and transparent process, with participation of indigenous peoples, to recognize and adjudicate their rights to lands, territories and resources in accordance with their customs and procedures. | ||
Dispossession, removal and relocation | No displacement or relocation without free, prior and informed consent |
Art. 10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
Art. 8.2(b)
States shall provide effective mechanisms for prevention of, and redress for: |
Incidents of displacement or relocation without free, prior and informed consent
(I75) Outcome indicator
| Have there, since 2008, been incidents of displacement or relocation of indigenous peoples without free, prior and informed consent? Q46(LNS)
Response options 1: Yes
2: No | This question monitors whether indigenous peoples have been relocated without their free, prior and informed consent. | |
Have your people or community/ies, since 2008, experienced incidents of displacement or relocation without your free, prior and informed consent? Q48(LCS)
Response options 1: Yes
2: No | Please indicate whether your people/community has been subject to displacement or relocation without their free, prior and informed consent since 2008. If you answer yes, please provide additional information about the incident(s) as possible. | |||||
Compensation, restitution and redress | Redress, restitution and compensation for dispossession, use or exploitation of lands, territories and resources without free, prior and informed consent |
Art. 28.1
Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
Art. 32.3
States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
Art. 8.2(b)
States shall provide effective mechanisms for prevention of, and redress for: |
Adequate redress, restitution and compensation for dispossession, use or exploitation of lands, territories and resources
(I103) Outcome indicator
| If your people/community, since 2008, has experienced displacement or relocation, did you receive adequate redress, restitution and compensation? Q49(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully |
| |
Environment | Conservation and protection of environment and productive capacity of lands |
Art. 29.1
Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. |
Establishment and extention of State-designated protected areas on indigenous peoples territories without free, prior and informed consent
(I49) Process indicator
| Has the State, since 2008, established or extended protected areas on indigenous peoples' territories without their free, prior and informed consent? Q47(LNS)
Response options 1: Yes
2: No | While a lot of the discussion around conservation of natural resources focus on indigenous peoples’ traditional territories being put under conservation restrictions imposed by the State, which may prohibit indigenous peoples’ from practicing their traditional livelihood activities on their lands, article 29(1) of UNDRIP addresses indigenous peoples’ right to conserve and protect their environment and natural resources, without discrimination. | |
Establishment and extention of community conserved areas
(I47) Process indicator
| Has your people/community established conservation area(s) within your territory? Q51(LCS)
Response options 1: Yes
2: No | Many indigenous peoples have areas within their territory where they for a certain period of time, establish restrictions with regards to cultivation, fishing, hunting etc. to allow the ecosystem to regenerate or develop. Here you have to assess whether your people/community has established such areas, either as part of their traditional management of lands and resources or as a formally established conservation areas If you answer yes, please provide additional information on any such areas your people or community has established. | ||||
If your people/community has established conservation area(s) within your territory, what is the extent (in hectares) of that area? Q52(LCS)
Response options 1: Hectares:
| If you replied "yes" to the previous question, and your people/community has established a conservation area on your land, please indicate how many hectares it comprises (one hectare = 10’000 square metres). Otherwise, please enter "0". | |||||
Numbers and status of threatened species within indigenous peoples’ lands and territories
(I125) Outcome indicator
SDG Indicator: 15.5.1
| Are any of the species enlisted on the IUCN Red List of Threatened Species found on the territory of your people/community (see http://www.iucnredlist.org)? Q53(LCS)
Response options 1: Yes
2: No | The question is to assess if any of the world’s threatened species are conserved within your territory. The IUCN Red List of Threatened Species is a searchable database (www.iucnredlist.org) where you can apply filters to the database to show all threatened species (including animals, plants, fungi etc.) in a given country or region. You can then assess with the community members if any of these species are found within the territory. Alternatively, you can search the database to see if it provides information about species present in the territory where your people or community resides. | ||||
If yes, please include number of threatened species found on the territory of your people/community: Q54(LCS)
Response options 1: Number of species:
| Only answer this question if you replied "yes" to the previous question. Insert the number of threatened species found on your territory. Please also indicate the name of these species in the box below. | |||||
Establishment and extention of State-designated protected areas on indigenous peoples territories without free, prior and informed consent
(I49) Process indicator
| Has the State declared any part of the territory of your community/people as a park or protected area, without your free, prior and informed consent? Q55(LCS)
Response options 1: Yes
2: No | Please indicate whether any part of your territory has been turned into a protected conservation area without the free, prior and informed consent of your people/community. If yes, please supply additional information as possible, e.g. on the responsible institution, the purpose of conservation, etc. | ||||
If yes, what is the extent (in hectares) of that area? Q56(LCS)
Response options 1: Hectares:
| Only answer this question if you replied "yes" to the previous question. | |||||
No storage or disposal of hazardous materials on indigenous peoples' lands and territories without free, prior and informed consent |
Art. 29.2
States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. |
Incidents of storage or disposal of hazardous materials on indigenous peoples' lands and territories without free, prior and informed consent
(I95) Outcome indicator
| Have there, since 2008, been incidents of storage or disposal of hazardous materials on indigenous peoples' lands and territories without their free, prior and informed consent? Q49(LNS)
Response options 1: Yes
2: No | According to Article 29(2) of UNDRIP, "States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent." | ||
Have there, since 2008, been incidents of storage or disposal of hazardous materials on the lands or territory of your people/community without your free, prior and informed consent? Q57(LCS)
Response options 1: Yes
2: No | Please indicate whether, since 2008, any hazardous materials have been stored or disposed on the lands or territory of your people/communities without your free, prior and informed consent. Hazardous materials include, among others, any explosive, flammable, poisonous, corrosive, or radioactive substances. They can originate, for example, from industrial facilities, mining and construction sites. | |||||
Military Activities | Military activities on indigenous peoples' lands and territories only with their agreement |
Art. 30.1
Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
Art. 30.2
States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. |
Incidents of military activities on indigenous peoples' lands and territories without their free, prior and informed consent
(I81) Outcome indicator
| Have there, since 2008, been military activities on indigenous peoples' lands and territories without their agreement? Q50(LNS)
Response options 1: Yes
2: No | This question assesses whether military activities are taking place on indigenous peoples’ lands without their agreement. | |
Incidents of paramilitary activities on indigenous peoples’ lands and territories
(I85) Outcome indicator
| Have there, since 2008, been incidents of paramilitary activities on indigenous peoples' lands and territories? Q51(LNS)
Response options 1: Yes
2: No | This question too assesses whether military activities are taking place on indigenous peoples’ lands without their agreement – here with a specific focus on paramilitary activities. Paramilitary forces are widely understood as groups that are organized in a military fashion, but do not represent a part of the official armed forces of a sovereign country. | ||||
Refugees and internal displacement caused by conflict and violence
(I34) Outcome indicator
| Are there indigenous refugees or internally displaced persons due to conflict and violence? Q52(LNS)
Response options 1: Yes
2: No | This question too assesses whether military activities are taking place on indigenous peoples’ lands without their agreement – this time using refugees or internal displacement as an indicator. | ||||
Incidents of military activities on indigenous peoples' lands and territories without their free, prior and informed consent
(I81) Outcome indicator
| Have there, since 2008, been incidents of military activities on lands or territory of your people/community without your agreement? Q58(LCS)
Response options 1: Yes
2: No | Please indicate whether any military activities have been conducted on your lands or territories since 2008 without any prior consultation with your people or community. If yes, please provide further information on the nature and extent of these activities. | ||||
Incidents of paramilitary activities on indigenous peoples’ lands and territories
(I85) Outcome indicator
| Have there, since 2008, been paramilitary activities on the lands or territory of your people/community? Q59(LCS)
Response options 1: Yes
2: No | Paramilitary forces are understood as groups that are organized in a military fashion, but do not represent a part of the official national armed forces. The question is whether any such groups have been operating on the lands/territory of your people/community. | ||||
Refugees and internal displacement caused by conflict and violence
(I34) Outcome indicator
| Have any members of your people/community, since 2008, been refugees or internally displaced due to conflict and violence? Q60(LCS)
Response options 1: Yes
2: No | A refugee is any person who has fled to another country owing to a well-founded fear of being persecuted. Conversely, internally displaced persons are persons who have been forced or obliged to flee, but who have not crossed an international border. Indicate here whether any members of your community have had to flee because of conflict or violence, ending up as either refugees or internally displaced people. | ||||