and resources. It also expressed the belief that exercising control by indigenous peoples over their land, territory and resources would enable their development to be promoted in accordance with their aspirations and needs.
The Declaration creates a number of rights of indigenous peoples to land and resources, which correspond to either the prohibitions on acting or the obligations of States to take action in order to implement these rights. The rights included in the Draft Declaration are considered to be the minimum standards for the survival, dignity and prosperity of indigenous peoples in the world. They include the state’s obligation that covers, inter alia, the prohibition to take any action against indigenous peoples aimed at or involving the deprivation of their lands, territories or their wealth;193 the prohibition to relocate indigenous peoples from land or territories without their prior voluntary consent;194 the duty to legally grant and protect the lands, territories, and wealth that traditionally belonged to the indigenous peoples who occupied them, used them or otherwise acquired them;195 the injunction to provide redress, including restitution, or, where impossible, fair, proper and just compensation for the lands, territories and natural resources that were traditionally owned or occupied or otherwise used by the indigenous peoples, and which were confiscated, taken, occupied, used or destroyed without their voluntary, prior and informed consent;196 the duty to introduce and implement assistance programmes for indigenous peoples in the field of conservation and protection of the environment and the production capacity of their lands, territories and natural resources;197 the duty to consult and cooperate in good faith with indigenous peoples through the institutions representing them in order to obtain their voluntary, prior, and informed consent before approving any project affecting their lands or territories or natural resources, in particular as regards the development, use, or exploitation of minerals, waters, or other natural resources.198
The Draft Declaration was not adopted by the UN General Assembly until 2007199 due to the fact that the definition of the indigenous peoples and the extent of their alleged right to political self-determination were considered controversial.200 In the doctrine of international law, there is still no established, uniform definition of indigenous peoples. When describing their features, attention is paid to their cultural continuation and their relationship with specific hereditary lands. Such a population should be characterized by at least a partial linguistic, cultural and social separation, distinguishing it from neighbouring groups and the dominant state culture. The self-identification of an individual as a member of the indigenous people and the recognition of such a member by a group of a given indigenous population group allows the individual to be included in the indigenous population.201
Indigenous rights were also included in the final documents of the UN Conference in Rio (1992) and Vienna (1993). Principle 22 of the Rio Declaration on Environment and Development emphasizes the need to recognize and support the identity, culture and interests of indigenous peoples and other local communities, including by recognizing their important role in environmental management due to their knowledge and traditions.202 The Vienna Declaration adopted at the World Conference on Human Rights in 1993 acknowledges the “inherent dignity” of indigenous peoples and calls on states to take positive steps, in line with international law, to ensure respect for human rights and fundamental freedoms of indigenous peoples.203
Regulations on the rights of indigenous peoples are also included in the International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries (1989),204 in the International Covenant on Civil and Political Rights,205 as well as in the African Charter on Human and Peoples’ Rights.206 These acts set standards for the protection of these rights and establish the duty of governments to take measures, in cooperation with the peoples concerned, to protect and preserve the natural environment of the territories inhabited by these peoples.207 The Amazonian Declaration also combines the exercise of permanent sovereignty over natural resources with the duty of states to respect the rights and interests of indigenous peoples.208
In this respect, particular regulations were adopted. The Convention on Biological Diversity recognizes the contribution of indigenous peoples to the protection of biodiversity and the sustainable use of its elements, and calls on governments to respect, preserve and maintain knowledge of local communities and promote its wider use with their consent and participation, and to share benefits justly.209 The UN Convention to Combat Desertification in Those Countries Suffering from Severe Drought and/or Desertification, Particularly in Africa (UNCCD), is one of the most important instruments of the Rio de Janeiro Conference in 1992. It urges parties to ensure that decisions are taken and implementation of programmes to combat desertification and/or to mitigate the effects of drought with the participation of populations and local communities.210 The International Tropical Timber Agreement (2006) encourages states to support and develop reforestation activities and tropical woods management, as well as reclamation of degraded forest areas, with due regard to the interests of local communities dependent on forest resources.211 In addition, the Energy Charter Treaty stipulates that its provisions shall not affect the right of the contracting parties to accept or exercise preferential measures against investors who are members of indigenous peoples or their investments.212
The question of the rights of indigenous peoples was the subject of consideration by the ICJ in the case of Western Sahara (1975). The International Court of Justice ruled that territories inhabited by socially and politically organized tribes and peoples are not regarded as terra nullius, nor as land subject to occupation or appropriation. Therefore, some nomadic peoples had rights to the territories of Western Sahara. The International Court of Justice recognized that the Declaration of the General Assembly on decolonization (Resolution No. 1514 [XV])213 applies to Western Sahara, and pointed out that the application of the principle of self-determination can be realized through a free and genuine expression of the will of the population of the given territory.214
3.3.1 The right to manage natural resources in accordance with the national environmental policy
In the 1970s, especially during the Stockholm conference and shortly thereafter, there was a debate on balancing sustainable sovereignty over natural resources with the responsibility of the state in the field of environmental protection. Although
