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 8 GE.12-14947

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