E/CN.4/2002/97
page 14
38.
Comparative research and a careful scrutiny of statements and communications presented
by indigenous and human rights organizations as well as reports produced by Governments,
international organizations and independent sources allow us to group the major issues currently
facing indigenous peoples into a number of categories, namely, land rights, homelands and
territories, education and culture, social organization and customary legal systems, poverty,
standards of living and sustainable development, and political representation, autonomy and
self-determination.
A. Land rights
39.
We shall refer in the first place to issues regarding land rights, which constitute a major
problem for indigenous communities and have been studied extensively over the years. From
time immemorial indigenous peoples have maintained a special relationship with the land, their
source of livelihood and sustenance and the basis of their very existence as identifiable territorial
communities. The right to own, occupy and use land is inherent in the self-conception of
indigenous peoples and generally it is in the local community, the tribe, the indigenous nation or
group that this right is vested. For economically productive purposes this land may be divided
into plots and used individually or on a family basis, yet much of it is regularly restricted for
community use only (forests, pastures, fisheries, etc.), and the social and moral ownership
belongs to the community.
40.
This has often been recognized in the national legal system, but just as often certain kinds
of economic interests have attempted - and frequently succeeded - in turning communal
possession into individual private ownership, a process which began during the colonial period
in many countries and intensified during post-colonial times. In Mexico, for example, the
break-up of indigenous agrarian communities in the nineteenth century was one of the reasons
for the Mexican revolution of 1910. The Mapuche communities in southern Chile were obliged
to accept the disintegration of their communal territories during the military dictatorship in
the 1970s.
41.
Mr. Martinez Cobo reported that in some countries legal provisions existed for the
protection of indigenous lands, but he also noted in the early 1980s that “efforts are now being
made to abolish them and to accord to the indigenous peoples individualized and unrestricted
private ownership of land ...”.11 Moreover, in numerous countries indigenous peoples have been
dispossessed of their land and large outside private or corporate economic interests have been
able, with or without State support, to appropriate land belonging to indigenous communities.
Not much has changed since then. While legal protective measures have been enacted with
greater frequency, the loss and dispossession of indigenous lands has proceeded relentlessly, in
some countries more rapidly than in others, and the consequences of this process have in general
been quite deplorable on the human rights situation of indigenous peoples.
42.
Erica-Irene Daes notes in her study on indigenous peoples and the land that “it is difficult
to separate the concept of indigenous peoples’ relationship with their lands, territories and
resources from that of their cultural differences and values. The relationship with the land and
all living things is at the core of indigenous societies”.12 In some countries, the concept of
aboriginal title is crucial to the human rights of indigenous peoples. This is the case in parts of
the British Commonwealth, where exclusive use and occupancy of land from time immemorial