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identification, demarcation, registration and titling of the lands, territories and
resources of Indigenous Peoples. Therefore, in the present section of the report he
offers a preliminary summary of the main findings from submissions received in
response to the call for inputs, as well as additional information received, by
geographical region.
39. The contributions from Africa reveal that Indigenous Peoples across the
continent face systemic challenges in securing land rights. Legal recognition of
customary tenure is often weak, while overlapping land claims and State ownership
complicate matters. In some countries, legal frameworks exist but are poorly
implemented and undermined by bureaucracy, political resistance, conservation
measures and extractive industries. Mobile Indigenous Peoples, such as pastoralists
and hunter-gatherers, are especially vulnerable. Gender disparities and lack of
representation in decision-making further exacerbate these challenges.
40. In Asia, the information received shows that the situation is marked by a mix of
partial legal recognition and systemic marginalization. In many countries, Indigenous
land rights are ignored in favour of conservation, palm oil plantations, extractive
industries and development projects, including those undertaken by Governments. In
others, legal ambiguity and discrimination hinder land titling, particularly for
extremely marginalized Indigenous Peoples, such as those in voluntary isolation and
mobile communities who are at risk of extinction. Despite some constitutional
protections, many Indigenous Peoples face forced evictions, criminalization and
exclusion from land governance. In addition, reforms to digital land records threaten
traditional systems.
41. The region of Latin America and the Caribbean presents a paradox. The
contributions reveal strong legal frameworks that coexist with persistent failures in
implementation. Many countries have important constitutional and international
commitments to Indigenous Peoples’ land rights, yet political resistance, economic
pressures and corruption delay or cause the denial of land registration and titling.
Even favourable court rulings are undermined by poor enforcement and lack of
consultation. Gender-based exclusion, criminalization of land defenders and conflicts
involving extractive industry are widespread. However, community -led initiatives
and international legal victories offer hope.
42. Contributions from North America indicate that Indigenous Peoples’ land rights
are recognized in law, but procedural barriers and slow reforms persist. Despite
landmark rulings, Indigenous Peoples face difficulties in registering and leveraging
land titles. First Nations continue to seek restitution and self-determination through
treaty processes. Unrecognized tribes remain excluded from land governance and
environmental restoration. There is an urgent need to move towards consent -based
decision-making and the effective participation of Indigenous legal traditions.
43. Lastly, contributions from the Pacific region indicate that land rights are deeply
tied to historical injustices. In Australia, treaty processes and truth -telling initiatives
are advancing, but systemic barriers remain. In New Zealand, the Treaty of Waita ngi
has not fully protected Māori land rights. In New Caledonia, the Kanak people
continue to resist colonial land dispossession and seek restitution.
44. Overall, the contributions reveal that the injustices and discrimination against
Indigenous Peoples, particularly over their land rights, persists. Despite the
significant developments in the international legal framework and some landmark
judicial decisions, as well as extensive research, studies and bibliography, the debt
with Indigenous Peoples has not been settled. As indicated by the Expert Mechanism
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