A/HRC/21/47/Add.2 may exercise the powers set out in article 75, paragraph 17, of the Constitution, case law establishes that they may not obstruct the actions of the national Government. 33. On the other hand, and notwithstanding the involvement of the Indigenous Participation Council in the survey process, indigenous population groups have pointed out that there is insufficient indigenous participation in the national survey programme, and that the process of selecting indigenous representatives for the indigenous participation councils does not reflect the traditional processes followed by the communities. 34. In addition, although the INAI cadastral survey programme aims to recognize indigenous land tenure in Argentina, it does not include a procedure for awarding title to indigenous lands. INAI has taken an important step towards filling this vacuum by drafting a bill on indigenous communal possession and ownership, which will be submitted to Congress in 2012. Although indigenous representatives recognize this bill as an important step, there are concerns about the extent of consultation with indigenous peoples on this initiative. 35. Another criticism of the INAI survey programme is that it does not establish any mechanisms to resolve cases in which communities assert their right to the restitution of lands of which they have recently been dispossessed, or in which communities and private landowners put forward conflicting claims for recognition of the land. In addition, the survey programme does not apply to communities whose members are dispersed throughout urban areas owing to the dispossession of their ancestral lands several generations ago. 2. The extractive and agricultural industries 36. With regard to the legal uncertainty of indigenous peoples’ claims over their traditional lands, reference should be made to the extractive and agricultural industries’ current or proposed projects on or near these lands. Argentina has a long history of natural resource extraction, but, due in part to the liberalization of the laws and policies regulating these industries in the 1990s, the number of leases granted by the provinces has increased considerably in the last decade. 37. Under article 124 of the Constitution, the provinces have the power to dispose of the resources within their respective territories as they wish. However, the Constitution also stipulates that the Federal Government retains some jurisdiction over matters involving the extractive industries. For example, it is the responsibility of the Federal Government to establish minimum standards on environmental protection, while the provinces set any regulations needed to supplement these federal standards (art. 41, para. 3). It is also the responsibility of Congress to ensure the participation of indigenous peoples in the management of their natural resources, although the provinces have concurrent jurisdiction in this regard (art. 75, para. 17). At the same time, gaps and some confusion still remain regarding the division of powers in terms of the exploitation and management of natural resources in Argentina. (a) Effects on the rights of indigenous peoples 38. Over the years, the projects carried out by the agricultural and extractive industries in Argentina have undermined a whole series of indigenous peoples’ rights, including their rights to their lands and natural resources, as well as their rights to, inter alia, food, health and development. Agricultural industries 39. As a result of the expansion of agricultural activities, indigenous peoples have lost large tracts of their traditional lands. Indigenous families have been moved out of the areas GE.12-14947 9