A New Dawn over the Land: Shedding Light on Collective Ownership and Consent

It is now widely recognised that a profound cultural, social and spiritual relationship with their lands and territories is characteristic of indigenous peoples and fundamental to their survival. In spite of this fact, indigenous peoples have been and are repeatedly deprived of their lands, territories and resources. Present day economic imperatives arising from globalisation are putting new strains on indigenous peoples’ rights over their traditional territories. Driven by the demands of an increasingly globalised economy and the opening up of markets in developing countries to foreign direct investment, activities such as mining, logging, dam construction and mono-cropping are becoming synonymous with violations of indigenous peoples’ rights, resulting in ongoing tensions and conflicts between indigenous peoples, states and transnational corporations. Central to the realisation of indigenous peoples’ land and self-determination rights is their ability to ensure recognition and enforcement of these rights. The aim of this chapter is to evaluate the potential significance of the adoption of the Declaration in the development of international legal standards regarding indigenous peoples’ land, territory and resource rights.