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Committee on the Elimination of Racial Discrimination, General Recommendation XXIII, on Indigenous Peoples, Paragraph 5

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Committee on the Elimination of Racial Discrimination, General Recommendation XXIII, on Indigenous Peoples, Paragraph 5

. The Committee especially calls upon States parties to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories. Only when this is for factual reasons not possible, the right to restitution should be substituted by the right to just, fair and prompt compensation. Such compensation should as far as possible take the form of lands and territories.

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