Call for Input: Report to 80th Session of the UN General Assembly

Background

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) states that “Indigenous Peoples have the right to the lands, territories and resources which they have tradi­tionally owned, occupied or otherwise used or acquired” (article 26.1.). The recognition and protection of this right is fundamental to their self-determination, their cultural identity and livelihoods. Subsequently, the UNDRIP stipulates that “States shall give legal recognition and protection to these lands, territories and resources, with due respect to the customs, traditions and land tenure sys­tems of the Indigenous Peoples concerned” (UNDRIP article 26.3).

Across continents, numerous States have initiated different processes of identification, documentation, demarcation, registration, or titling of Indigenous Peoples’ lands. Some of these processes have been successful; others have not. Around the world, Indigenous Peoples continue indeed to face challenges related to the formal recognition and protection of their lands; and even in areas where these lands, territories and resources have been legally recognized and protected, Indigenous Peoples still face challenges of defending them against encroachments and dispossessions.

The UN Special Rapporteur on the rights of Indigenous Peoples seeks to examine implementing mechanisms of the right of Indigenous Peoples to their lands, territories and resources. right. He would like to take stock of States’ practices of identifying, documenting, demarcating, registering and titling Indigenous Peoples’ right to land, territories and resources with the view to distilling from the trends and lessons that could inspire other States, inform relevant international processes, help correct existing challenges and mitigate risks.

Objectives

The Special Rapporteur, therefore, wishes to receive inputs by way of response to the annexed questions, that will inform his report to be presented at the 80^th session of the UN General Assembly in October 2025. This questionnaire seeks to assess existing legal frameworks, principles, procedural mechanisms, and implementation challenges, to identify best practices and provide recommendations for strengthening Indigenous Peoples’ land rights globally.

The Special Rapporteur requests submissions from Member States and inter-governmental entities, UN agencies, funds and programs, Indigenous Peoples and organizations, civil society actors, humanitarian and development organizations, national human rights institutions, business representatives and other relevant stakeholders, to contribute to the preparation of the report. Please email your written submissions to hrc-sr-indigenous@un.org by 1 April 2025 in English, French or Spanish preferably in WORD (.docx) accessible format. Kindly indicate in the subject of your email ”Submission for Report to 80th Session of General Assembly”. Respondents are requested to limit their inputs to a maximum of 4000 words. Additional supporting materials, such as reports, academic studies, and other background materials may be annexed to the submission.

Key questions and types of input/comments sought

Questionnaire

1. What are the legal criteria for recognition of Indigenous Peoples’ rights to lands, territories and resources in your country? Do these criteria reflect Indigenous Peoples’ customary tenure systems? Do they address potential historical injustices?
2. What are the legal and policy frameworks that govern the identification, documentation, demarcation, registration, or titling of Indigenous Peoples’ lands, territories and resources in your country?
3. What are the institutional arrangements and the Government agencies responsible for or involved in the processes for identification, documentation, demarcation, registration, and titling of Indigenous Peoples’ lands, territories and resources in your country?
4. What are the main legal or procedural barriers in implementing the procedures of recognition, identification, documentation, demarcation, registration, and titling of indigenous Peoples’ Lands, territories and resources? How are these barriers being addressed?
5. Are there mechanisms put in place or measure taken to secure indigenous Peoples’ titled lands against encroachments or dispossessions?
6. Are there mechanisms put in place for meaningful consultation and effective participation of Indigenous Peoples in these identification and recognition process?
7. How is gender taken into account in the process of identification, documentation, demarcation, registration and titling of Indigenous Peoples’ lands, territories and resources in your country?
8. Are there cases where Indigenous Peoples’ lands overlap with other claims or uses of lands, territories and resources (e.g., individual titles, conservation areas, businesses and extractive industries, as well as other Indigenous Peoples’ claims)? How are such conflicts addressed in identification, documentation, demarcation, registration and titling of Indigenous Peoples’ lands?
9. How have you addressed the right to lands, territories and resources of mobile Indigenous Peoples, such as pastoralists and hunter-gatherers, as well as those living in voluntary isolation or in initial contact?
10. Do the processes of in identification, documentation, demarcation, registration and titling of Indigenous Peoples’ lands, territories and resources in your country take into account coastal areas as well as marine territories and resources?
11. How have you prevented and addressed the cases of intimidation and reprisals against Indigenous lands rights defenders?
12. Are there any good practices or lessons learned from your process of in identification, documentation, demarcation, registration and titling of Indigenous Peoples’ lands, territories and resources?
13. Are there any good examples of partnerships between the Government, Indigenous Peoples’ organizations, civil society, or international institutions to advance identification, documentation, demarcation, registration and titling of Indigenous Peoples’ lands, territories and resources?
14. Do you have any additional comments, recommendations, or insights that would be useful for the Special Rapporteur’s thematic report?

How inputs will be used?

Submissions will be published as received on the OHCHR mandate webpage, unless requested otherwise. Please, kindly indicate in your email if you DO NOT wish your submission to be made public.