A/HRC/21/47/Add.2
peoples in decisions affecting them,9 which could be achieved with the support of the
United Nations system in Argentina.
Land and natural resources
Recognition of the rights to land and natural resources
86.
Although the Government has taken important steps to recognize and protect
the rights of indigenous peoples to their traditional lands and natural resources, there
is still a widespread lack of legal certainty in Argentina regarding these rights.
87.
The federal and provincial governments should redouble their coordination
efforts to conduct the necessary cadastral surveying and recognize the legal status of
indigenous communities or peoples, and should also sign the agreements necessary for
that purpose, thereby preventing any harmful effects on the rights of indigenous
peoples that this lack of coordination and consistency might bring about.10
88.
The federal and provincial governments should provide the indigenous peoples
with the necessary technical support to prepare the documentation required for a
cadastral survey of their community, obtain recognition of their legal status and
complete the necessary procedures once they have submitted the completed dossiers.
89.
Given the delays in the surveying process under Act No. 26160 and Act No.
26554, the legislature should consider extending the time limit in those acts beyond
2013. The Government should also speed up the process of cadastral surveying and
provide INAI with the technical and financial resources necessary to successfully
complete the process.
90.
Lastly, progress needs to be made in developing effective mechanisms and
procedures for demarcating and legally recognizing the lands over which indigenous
peoples have rights. The processes established for these purposes should be conducted
in consultation with the indigenous peoples.
Extractive and agricultural industries
91.
Consultations should be carried out, in accordance with the relevant
international standards, with the communities that might be adversely affected by
development projects and the exploitation of natural resources, with the aim of
obtaining their free, prior and informed consent on any aspects of these projects that
infringe their human rights.11 This could be facilitated by drawing up regulations for a
procedure for consultation with indigenous peoples.
92.
As part of this process, and especially with regard to proposals for future
projects, the federal and provincial governments should conduct comprehensive
studies on the potential social and environmental impacts of such projects, including
on natural resources such as water and on the rights of indigenous peoples.
93.
Appropriate measures should also be taken to minimize these impacts and to
provide reparation and fair compensation to indigenous communities that suffer from
the harmful effects on the environment or their health caused by projects currently or
formerly operating in or near lands inhabited by indigenous peoples.12
9
10
11
12
18
See also CERD/C/ARG/CO/19-20, para. 23.
See also E/C.12/ARG/CO/3, para. 8.
See also E/C.12/ARG/CO/3, para. 9 and CERD/C/ARG/CO/19-20, para. 26.
See also E/C.12/ARG/CO/3, para. 9.
GE.12-14947