A/HRC/39/17/Add.2 IV. Principal concerns A. Lands, territories and natural resources 17. The Special Rapporteur agrees with her predecessor that the preservation and protection of the lands, territories and resources of indigenous peoples should be a priority and the subject of appropriate regulations, in accordance with international law. 2 This critical and fundamental issue is at the root of many of the human rights problems that were observed by the Special Rapporteur. 18. The agrarian system of ejidos, community lands and private property and the agrarian authorities and institutions established under that system do not meet the needs of indigenous peoples and do not satisfy the country’s current international obligations, which require recognition of the right of indigenous peoples to the land, territories and natural resources that they have traditionally owned, occupied, used or acquired. 19. The cases received show that the procedures available to those seeking recognition of their land rights are neither simple nor accessible and can involve lengthy legal proceedings. Effective recognition of these rights is also obstructed when border disputes with other communities or private landowners arise or when state and agrarian authorities or third parties promote the exploitation of natural resources in indigenous territories. Moreover, these procedures yield limited results, since the land granted to indigenous peoples generally does not fall within their concept of territory, nor does it reflect their traditional territorial boundaries. Another source of concern, besides the difficulties in gaining access to justice, is the duration of the legal proceedings in such cases. Delays in the handling of agrarian cases have often caused conflicts within and between communities. 20. Another fundamental problem is that the ejido and agrarian authorities established under the Land Act may not be the same as the authorities that represent indigenous communities and often come into conflict with them. This gives rise to uncertainty and clashes when State officials allegedly consult ejido authorities in order to obtain approval for measures or activities that will affect indigenous lands within ejidos. 21. The National Human Rights Commission noted, in its recommendation No. 56/2016, that agrarian authorities do not represent all members of an indigenous community, but only persons who have been recognized by the State as subjects of agrarian law. In some cases, State officials and third parties have reportedly manipulated the agrarian system in order to discredit and undermine indigenous authorities that have opposed development projects on their land. 22. In the Sierra Tarahumara in Chihuahua, for example, the agrarian system is not compatible with the land tenure systems of the indigenous peoples. Many Rarámuri and Ódami communities have sought recognition of their land before the agrarian authorities, through legal proceedings that last for years or even decades. Some communities have to wait until their lands have been declared national property and then awarded, in order to be able to purchase them. 23. In many cases, such land claims are made in the context of legal challenges relating to the granting of forest exploitation permits or land rights to third parties without prior consultation. In some cases, the agrarian courts have ruled that recognition of territory may be obtained only through an ejido or agrarian community. While they wait for their claims and legal cases to be dealt with, many communities face the risk of reprisals, forced displacement and even, in the worst situations, murder by those who covet their land and forests. 24. There have been reports of cases in which state officials convened agrarian assemblies or set up registers of community members in order to facilitate the appropriation of communal lands for projects. In the case of La Parota dam in Guerrero, the agrarian courts declared null and void the decisions of the agrarian assemblies that approved the 2 GE.18-10617 See ibid., para. 65. 5