A/HRC/21/47/Add.2
(b)
Award of land titles by provinces
25.
Some initiatives have been taken at the provincial level to regulate indigenous
peoples’ possession of their lands. As a result, some indigenous communities hold the title
to their traditional lands, or at least to part of their lands.
26.
In 1997 the provincial government of Jujuy, under an agreement with the Federal
Government, began a programme to regularize and allocate land for the aboriginal
population of the province. Under the programme, more than 1,200,000 hectares of land
were to be regularized for the benefit of indigenous families or communities. In 2006 and
2007, a total of 33 community titles were issued to indigenous communities under this
programme. However, the award of land titles to other communities, under both this
programme and Act No. 26160, is still pending.
27.
In 1991 the provincial government of Salta agreed to grant a community title to the
Lhaka Honhat Communities Association, which comprises about 60 communities of
different indigenous peoples. The resulting cadastral survey was conducted prior to the
adoption of Act No. 26160 and even served as a model for the INAI cadastral survey
programme. However, the delay in granting title for these lands, and the construction of a
bridge and other building projects within the territory, remain subjects of controversy and
dispute within the inter-American human rights system.
28.
The provincial authorities of Formosa reported that 99.8 per cent of indigenous
communities have had their lands surveyed and titled. However, it is clear that the vast
majority of these titles do not cover all the territory that the communities have traditionally
occupied and used. For example, the title obtained by the Potae Napocna Navogoh (Spring)
community in 1985 excludes the community’s traditional lands that were incorporated into
the Pilcomayo National Park or granted to private interests. The community is currently
fighting for recognition of these lands.
29.
The province of Neuquén has established reservations for indigenous communities
since Decree No. 737 was issued in 1964. The decree awarded land titles to some 40
indigenous communities in the province. However, it has been reported that even in these
communities there are still some conflicts with private property owners.
(c)
Main problems with the cadastral survey and titling procedures
30.
Although significant national and provincial initiatives have been taken to regularize
indigenous lands, there are shortcomings with these initiatives as well as problems with
their effective implementation.
31.
Several indigenous communities reported that they had complied with the
requirements of the federal or provincial survey and land titling programmes but had not
received a reply from the relevant authorities. In some cases, the communities reported that
they had submitted their documentation on several occasions over periods of up to 15 years,
only to be told that the required documentation was missing and that they should therefore
start the application process over again. The delays were caused by various factors,
including insufficient funds, the complexity of the land tenure situations, and opposition by
the landowners or other parties.
32.
Another factor that has contributed to the delay in recognizing and protecting
indigenous lands is the inadequate coordination between INAI and the provinces in relation
to the implementation of national legislation. It has been reported that in some provinces
the survey has not yet begun, due to disagreements about how it should be conducted, and
the refusal of certain provinces to recognize the rights claimed by indigenous peoples.
National regulations stipulate the need for the federal and provincial governments to
coordinate and standardize criteria regarding indigenous issues. Although the provinces
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