existing tensions over land rights into constructive channels, rather than ereate new tensions. It should be kept in mind that the principles of a just and fair compensation and restitution are well established in international human rights law and should as a matter of course be extended to indigenous rights. Draft article 16 "The right to protection of their environment and in particular against any action or course of conduct which may resuit in the destruction, détérioration or pollution of their traditional habitat, land, air, water, sea ice, wildlife or other resources without free and informed consent of the indigenous peoples affected. The right to just and fair compensation for any such action or course of conduct." E/CN.4/Sub.2/1990/39 page 13 59. A government observer noted that States may have limited power to interfère with the actions of private citizens, including citizens of neighbouring States, and may therefore be unable to provide the degree of protection contemplated by this draft article. Another govemment observer stated that this principle was predicated on the existence of a reserve System, that is, it envisaged indigenous peoples living in separate and distinct areas within a country. The text should take accotxnt of other possibilities. 60. An indigenous observed proposed adding the words "negotiate and conclude in the second sentence, between the words "the right to" and "just and fpir compensation". Another indigenous observer proposed adding a référence to "subsurface and submerged océan resources", while another suggested that this principle include the right to take spécial measures to ensure the right to development. 61. With regard to the power of States to enforce tbis principles the Chairman/Rapporteur notes the growth of ns.tiAmBÏ euvironmental legis'.ç't-^ over the past 20 years, and the increasing use of treaties and agreeinents among States to control transboundary raovements of air pollutants and toxic 
**Analysis**
The text appears to be discussing the rights of indigenous peoples to protect their environment and natural resources, as well as their right to just and fair compensation in cases where their rights are violated. The text also touches on the limitations of state power in enforcing these principles and the need for international cooperation.

**Category**
Natural resources and environment, Humanitarian aid and relief