A/HRC/27/52/Add.3 indigenous peoples’ rights remain inadequately protected in the face of extractive industries. A. Land and natural resources 11. The ownership rights of peasant and native communities have been recognized under various laws, which also provide for the establishment of land titling procedures.6 Thus the land of 6,381 indigenous peasant and native communities has been titled pursuant to these laws, while approximately 1,200 peasant and native communities are awaiting a title for lands that they occupy or claim. Article 89 of the 1993 Constitution stipulates that ownership of communal lands is not time bound. 12. There have been delays in indigenous land titling in recent years. In 2009, the authority to grant indigenous land titles was devolved to the regional governments, which led to significantly fewer titles being granted, so that for example no new titles have been granted to indigenous communities in the Amazon since 2010. The cutback is partly due to the lack of proper uniform procedures to guide regional government efforts regarding land titling. Accordingly, the Ministry of Agriculture was reinstated in 2013 as the leading body for the titling of peasant and native lands. In addition, the Ministry of Culture has been charged with coordinating the efforts of the various actors involved. 13. The rights of indigenous peoples over the natural resources within their titled or traditional lands are limited by the corresponding rights and interests of the State. According to the Constitution, renewable and non-renewable resources belong to the nation, while according to national law mineral resources and hydrocarbons are the property of the State.7 B. Extractive industries 14. Since the 1990s, a growing number of laws and policies have encouraged private investment, especially in the mining and hydrocarbon industries.8 Since that time, there has been a significant increase in the number of licences awarded for the extraction of natural resources in all parts of the country, including indigenous territories. 15. In Peru, hydrocarbon activity is governed largely by the Organic Act on Hydrocarbons and other related environmental regulations. The State-owned company Perupetro, as the owner of extracted hydrocarbons, is authorized to enter into exploration and production contracts with private entities.9 Under these contracts, licensees are entitled to apply for surface-access rights to the public and private lands where hydrocarbon deposits are located, a process that includes the possibility of government expropriation of 6 7 8 9 GE.14-07246 See Act No. 24656, General Act on Peasant Communities (1987), arts. 1 and 2; Act No. 24657 on Peasant Communities – demarcation and titling of communal territories (1987), arts. 1-3; Act on native communities and the agricultural development of the forest and forest rim regions; Decree Law No. 22175 (1978), arts. 7, 8, 10 and 11; and its implementing regulations under Supreme Decree No. 003-79-AA (1979), arts. 4 and 5. Constitution of Peru, art. 66; Organic Act governing hydrocarbon activities within the national territory (Act No. 26221), art. 8; and Single Consolidated Text of the General Act on Mining (Supreme Decree No. 014-92-EM), Preliminary Title 1. See, for example, Act No. 26505, Act on private investment in the development of economic activities in lands within the national territory and agrarian and native communities (1995), arts. 2, 10 and 11. Act No. 26221, art. 8. 5