A/HRC/23/56/Add.1 consultation process on major extraction and construction projects and the environmental and social effects of activities of exploitation of natural resources in indigenous territories, as well as the distribution of benefits from the exploitation of natural resources to affected indigenous peoples. 57. The right of access to, and tenure of, land, the administration of the land tenure system and the procedures involving the regularization, restitution, expropriation and distribution of land are regulated by Law No. 3545 on the Extension of Agrarian Reform and its regulations adopted in 2006. The reform of the land tenure system, aimed at increasing the allocation of land to the entire spectrum of the population, in particular to indigenous peoples and native peasants, is still underway. To meet claims to ancestral land by indigenous groups and communities, the National Land Reform Institute has enabled the adoption of a new category for collective land property, “tierras comunitarias de origen”, (native community lands), subsequently called “territorios indígenas originarios campesinos” to bring the native community lands into line with the legal framework of the new Constitution by granting indigenous groups exclusive rights over the use of renewable resources on their territories. The Government continues its work of identifying fertile land that may be allocated to indigenous peoples and peasants. Some, however, criticized that granting land titles did not fully address the reality on the ground, given that significant areas of fertile land remained in the hands of large landowners. 58. Concerns were expressed by various interlocutors at the negative impact of the exploitation of natural resources on indigenous peoples and communities, particularly in the Andean region.. Exploitation has resulted in environmental pollution of indigenous territories and hindered basic subsistence activities, and had a negative impact on the health of affected indigenous peoples and farmer communities. The law on hydrocarbons of 2005 and the “Reglamento de consulta y participación para actividades des hidrocarburíferas” of 2007 require respect for the practices and traditions of indigenous communities and establish a mechanism for mandatory consultation. Concerns were, however, expressed that a large number of concessions for the exploitation of wood and mining exploration to private businesses were approved without prior consultation of the indigenous and other communities affected. 59. It was reported that important steps had been taken to address the above concerns. Under the coordination of the Vice-Ministry of Decolonization, the Office of the Ombudsman jointly with other relevant institutions have made a number of recommendations on the use of natural resources that affect the lives of indigenous peoples and communities, highlighting the importance of respect for the right to consultation. A framework law on consultation is being drafted in consultation with the Ombudsman and indigenous communities. The Agro-Environmental Court was established in January 2012 to deal with cases relating to land tenure and the protection of the environment and flora, fauna and water resources. 60. The representatives of indigenous communities recommended that their views and the suggestions of affected indigenous peoples and communities should be taken into account, and the current process of consultation be reviewed to make it more effective. Moreover, they also recommended that contract provisions should be incorporated to ensure that affected indigenous peoples and communities receive tangible benefits from development projects to be carried out in indigenous territories. 61. During meetings with various interlocutors from indigenous groups and civil society, concerns were raised with regard to the consultation on the issue of the Isiboro Sécure Indigenous Territory and National Park, a national park covering 1.2 million hectares straddling the southern part of the Beni Department and the northern part of Cochabamba. The project of building a road through the national park has been a subject of dispute between the indigenous groups living in the area and the Government. 13

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