173. In addition, Article 14(1) of ILO Convention No. 169 establishes that “[…] measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities.” Article 14(2) provides that “[g]overnments shall […] guarantee effective protection of their rights of ownership and possession.” Also, Article 17(3) establishes that “persons not belonging to these peoples shall be prevented from taking advantage of their customs or of lack of understanding of the laws on the part of their members to secure the ownership, possession or use of land belonging to them.” According to Article 18, “[a]dequate penalties shall be established by law for unauthorized invasion upon, or use of, the lands of the peoples concerned, and governments shall take measures to prevent such offences.” 174. Similarly, Article 26 of the United Nations Declaration on the Rights of Indigenous People, establishes “the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired,” as well as the right to own, use, develop and control the lands. Consequently, States must ensure the legal recognition and protection of those lands, respecting the customs, traditions and land tenure systems of the indigenous peoples. 216 175. Also, in its General Recommendation No. 23, the Committee on the Elimination of Racial Discrimination called upon States to “recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources [and, where they have been deprived of their lands without their free and informed consent], to take steps to return those lands and territories.” 217 176. The United Nations Special Rapporteur on the rights of indigenous peoples has emphasized the obligation to secure use and enjoyment of indigenous and tribal property, when this is occupied by third parties, through clearing the title to the land. 218 Moreover, in his expert opinion provided to the Court, former Special Rapporteur James Anaya emphasized the States’ duty to guarantee the right to collective property of indigenous peoples vis-a-vis invasion by non-indigenous persons, and also the duty to resolve any conflict arising from such situations. 219 177. Meanwhile, expert witness José Aylwin indicated (supra para. 10) that: and their members have a right to have their territory reserved for them, and to be free from settlements or the presence of third parties or non‐indigenous colonizers within their territories.” It indicated that, as a result of this right, “the State has a corresponding obligation to prevent the invasion or colonization of indigenous or tribal territory by other persons.” Consequently, it established that the State must “carry out the necessary actions to relocate those non-indigenous inhabitants of the territory who have settled there.” IACHR, Indigenous and Tribal Peoples' Rights over their Ancestral Lands and Natural Resources. Norms and Jurisprudence of the Inter-American Human Rights System, supra, para. 114. 216 Cf. United Nations Declaration on the Rights of Indigenous Peoples, Resolution 61/295, adopted by the United Nations General Assembly on September 13, 2007, article 26. Available at: https://digitallibrary.un.org/record/606782?ln=en. The United Nations Permanent Forum on Indigenous Issues has emphasized the obligation of States to protect such lands from interference by any institution, corporation or individual. Cf. UN Permanent Forum. Follow-up report on indigenous peoples and the right to participate in decision-making, with a focus on extractive industries. 217 UN, Committee on the Elimination of Racial Discrimination, General Recommendation No. 23, Rights of indigenous peoples, UN Doc A/52/18 annex V, Recommendation 5. Available at: http://hrlibrary.umn.edu/gencomm/genrexxiii.htm 218 Cf. UN. Mandate of the Special Rapporteur on the rights of indigenous peoples. Communication of May 10, 2013. Available at: https://spdb.ohchr.org/hrdb/24th/public_-_UA_Nicaragua_10.05.13(1.2013).pdf 219 Expert opinion provide to the Court by James Anaya (merits file, folio 527). 52