International Labor Organisation (ILO) Convention 169, ratified by Peru in 1993
- governments shall respect the special attachment indigenous peoples have to their lands and territories ... “and in particular the collective aspects of this relationship” [Article 13.1]
- “The term "lands" ... shall include the concept of territories, which covers the total environment of the areas which the peoples concerned occupy or otherwise use” [Article 13.2]
- governments shall recognise and respect “...the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised... Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect.” [Art. 14.1; see also (especially) Articles 17,18 and 19]
- “governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession” [Art. 14.2]
- Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned [Art. 14.3]
- “Governments shall take measures, in co-operation with the peoples concerned, to protect and preserve the environment of the territories they inhabit” [Article 7.4]
- indigenous and tribal peoples have rights to natural resources that must be safeguarded including rights to (i) manage and conserve natural resources [Art 15.1], (ii) be consulted before natural resources on their territories are explored or exploited (iii) share in benefits from natural resource exploitation (iv) compensation for damages [Art 15.2]; The peoples concerned should be consulted whenever consideration is being given to alienating their lands to outside the community [Article 17.2]
(summary taken from “A Failure of Accountability” T.Griffiths, April 2003 full text available at http://www.forestpeoples.org/documents/law_hr/ip_devt_stds_failure_accountability_dec03_eng.pdf)