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Human RightsVGGT
Land issue VGGT Section VGGT Paragraph Human Right Human rights instrument Article

Ensure and respect the rule of law

Transfers and other changes to tenure rights and duties

13. Land consolidation and other readjustment approaches

13.1

Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment.

Right to equality before courts and tribunals and to a fair trial

ILO C169

Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169

12

The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means.

UNDRIP

United Nations Declaration on the Rights of Indigenous Peoples

40

Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.