A/HRC/33/58
G.
Lands, territories and resources
56.
The questionnaire posed the following question: “Have specific legislative, policy or
administrative measures been adopted to implement rights relating to lands, territories and
resources? If yes, please provide details. If not, please outline any plans to develop
legislative, policy or administrative measures in this area.”
57.
The response of Finland referred to the new Fishing Act (379/2015), according to
which a person who resided permanently in certain municipalities had a right to obtain a
permit from Metsähallitus concerning fishing in State-owned water free of charge. There
were some exceptions to that provision, however.
58.
The Government of Denmark and the Government of Greenland were currently in
the process of resolving a claim to the continental shelf north of Greenland. The claim area
was for approximately 895,541km2 beyond 200 nautical miles of the coast of Greenland.
The claim material had been submitted to the Commission on the Limits of the Continental
Shelf through the Secretary-General, in accordance with the United Nations Convention on
the Law of the Sea, ratified by the Kingdom of Denmark in 2004.
59.
The response of Australia stated that there were state and federal legislative schemes
that recognized Aboriginal peoples’ rights to lands and territories. Under the Aboriginal
Land Rights (Northern Territory) Act 1976, the Aboriginal Lands Trust could apply for
inalienable freehold title to be granted. About 50 per cent of the land mass of the Northern
Territory was covered under the Act, as was about 80 per cent of the coastline. Therefore, it
was one of the most significant pieces of land rights legislation in Australia. At the federal
level, the Native Title Act 1993 provided an avenue for indigenous claimants to seek native
title recognition of their land under Australian law.
60.
The Plurinational State of Bolivia responded that its Constitution guaranteed the
possession, access and title of indigenous territories in the framework of their selfdetermination and their right to autonomy, self-governance and culture. Since 2006, the
State had transformed the agrarian property structure and now 23.9 million hectares of land
belonged to indigenous communities. In 2015 alone, the State had awarded 295,000 titles of
land to indigenous peoples and communities.
61.
Peru reported on measures to prevent illegal logging on indigenous territories, as
well as on measures to recognize the collective ownership of lands through formal titles.
62.
Canada outlined the recognition and protection of aboriginal and treaty rights under
section 35 of the Constitution. That framework provided indigenous peoples with the right
to participate in decision-making on matters affecting them, including on lands, territories
and resources. Comprehensive land agreements also received constitutional protection and
provided for ownership, use and management of land and resources.
63.
Indigenous peoples’ organizations’ responses highlighted a range of issues: from a
complete lack of legislative measures to address their claims over their lands, to situations
in which, despite constitutional recognition of their lands and territories, demarcation
processes had not moved forward sufficiently and land invasion and resource extraction
persisted.
H.
Treaties, agreements and other constructive arrangements with States
64.
The questionnaire posed the following question: “Have specific legislative, policy or
administrative measures been adopted to implement rights relating to treaties, agreements
and other constructive arrangements with States? If yes, please provide details. If not,
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