Categories | Attributes | UNDRIP articles | Instruments | Indicator | Questions | Guidance | |
---|---|---|---|---|---|---|---|
Cultural integrity | |||||||
Cultural heritage, traditional knowledge and intellectual property | Effective redress or restitution with respect to cultural, intellectual, religious and spiritual property taken without free, prior and informed consent and repatriation of human remains and ceremonial objects |
Art. 11.1
Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. |
CBD Art. 8(j)
Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices |
Development, in conjunction with the indigenous peoples concerned, of fair, transparent and effective mechanisms for access to and repatriation of ceremonial objects and human remains at the national level
(I25) Process indicator
WCIP para. 27
| Has the State, in collaboration with the indigenous peoples concerned, developed fair, transparent and effective mechanisms for access to and repatriation of ceremonial objects and human remains? Q40(LNS)
Response options 1: Yes
2: No 3: Not applicable | The lands of indigenous peoples have oftentimes been plundered from the ancestral remains and sacred objects of indigenous peoples to be displayed in museums and incorporated into private collections. This question monitors whether States provide effective redress or restitution with respect to cultural, intellectual, religious and spiritual property taken without free, prior and informed consent and repatriation of human remains and ceremonial objects, as provided for in Art. 11(1) of UNDRIP. | |
Maintenance, control, protection and development of intellectual property over cultural heritage, traditional knowledge, and traditional cultural expressions |
Art. 31.1
Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. |
Incidents of misappropriation of cultural heritage, traditional knowledge and traditional cultural expressions
(I83) Outcome indicator
| Have you, since 2008, experienced that others have taken or used your cultural heritage, traditional knowledge or traditional cultural expressions without your permission? Q38(LCS)
Response options 1: Yes
2: No | Please indicate whether any part of your cultural heritage, traditional knowledge (e.g. regarding medicine) or traditional cultural expressions (e.g. dance, songs or designs) has been taken or used in the past by states, companies or individuals without permission. If the answer is yes, please provide additional information as possible. | |||
Have their, since 2008, been incidents where cultural heritage, traditional knowledge or traditional cultural expressions have been misappropriated or used without permission from the indigenous owners? Q39(LNS)
Response options 1: Yes
2: No 3: No data available | The question monitors whether indigenous peoples’ right to maintain, control, protect and develop their intellectual property over cultural heritage, traditional knowledge, and traditional cultural expression has been violated. | ||||||
Maintenance, protection and access in privacy to religious and cultural sites |
Art. 31.1
Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. |
Restrictions to indigenous peoples’ free and privileged access to religious and cultural sites
(I64) Outcome indicator
| Does your people/community experience restrictions in their free and privileged access to their religious and cultural sites? Q37(LCS)
Response options 1: Not at all
2: To a limited extent 3: To some extent 4: To a considerable extent 5: Fully | Can you access your religious and cultural sites when you wish to, or do you experience barriers? | |||
Maintenance, protection and development of cultural manifestations, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. |
Art. 11.1
Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. |
Prevalence of persons devoting time to selected cultural, spiritual and religious traditions, customs and ceremonies
(I156) Outcome indicator
| What are the three most important cultural, spiritual and religious traditions, customs or ceremonies of your people/community? Q33(LCS)
Response categories First cultural, spiritual and religious tradition, custom or ceremony
Second cultural, spiritual and religious tradition, custom or ceremony Third cultural, spiritual and religious tradition, custom or ceremony | Name the three most important cultural, spiritual and religious traditions, customs or ceremonies of your people or community. Such traditions, customs or ceremonies will be different from one people to another and can take a number of very different forms, such as celebrations to mark the passage of a child to adulthood; traditional wedding ceremonies; annual gatherings of traditional authorities or rituals to mark harvests or thank the spirits. | |||
Is the continuation of these cultural, spiritual and religious traditions, customs or ceremonies considered: Q34(LCS)
Response categories First cultural, spiritual and religious tradition, custom or ceremony
Second cultural, spiritual and religious tradition, custom or ceremony Third cultural, spiritual and religious tradition, custom or ceremony Response options 1: Safe
2: Vulnerable 3: Definitely endangered 4: Severely endangered 5: Critically endangered 6: Extinct | You are given six options to indicate the status of each of the traditions, customs and ceremonies identified in question 33. Chose the option that most closely describe the situation concerning each of these traditions, customs and ceremonies: | ||||||
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. |
CBD Art. 10
Each Contracting Party shall, as far as possible and as appropriate: |
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. | |||