Page 61 - 原住民族權利手冊
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and minerals. Indigenous individuals of traditional ownership or other traditional
also have the right to access, without any occupation or use, as well as those which
discrimination, to all social and health they have otherwise acquired.
services. 3. States shall give legal recognition and
2. Indigenous individuals have an equal right protection to these lands, territories and
to the enjoyment of the highest attainable resources. Such recognition shall be
standard of physical and mental health. conducted with due respect to the customs,
States shall take the necessary steps with traditions and land tenure systems of the
a view to achieving progressively the full indigenous peoples concerned.
realization of this right.
Article 27
Article 25 States shall establish and implement,
Indigenous peoples have the right to maintain in conjunction with indigenous peoples
and strengthen their distinctive spiritual concerned, a fair, independent, impartial, open
relationship with their traditionally owned or and transparent process, giving due recognition
otherwise occupied and used lands, territories, to indigenous peoples’ laws, traditions,
waters and coastal seas and other resources customs and land tenure systems, to recognize
and to uphold their responsibilities to future and adjudicate the rights of indigenous
generations in this regard. peoples pertaining to their lands, territories
and resources, including those which were
Article 26 traditionally owned or otherwise occupied or
1. Indigenous peoples have the right to the used. Indigenous peoples shall have the right to
lands, territories and resources which they participate in this process.
have traditionally owned, occupied or
otherwise used or acquired. Article 28
2. Indigenous peoples have the right to own, 1. Indigenous peoples have the right to redress,
use, develop and control the lands, territories by means that can include restitution or,
and resources that they possess by reason when this is not possible, just, fair and
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