A/HRC/45/38
48.
A promising good practice is that provided by the Toledo Maya Land Rights
Commission in Belize, which has drafted a Mayan customary land tenure policy, a
consultation framework, a public awareness strategy to prevent illegal incursions on and
misappropriations of Mayan lands, a demarcation and auto-delimitation strategy and
dispute resolution framework in collaboration with representatives of the Mayan people.114
In the United Republic of Tanzania, pastoralists may be awarded land certificates after
having formed a “village”, which is the only legally recognized autonomous entity on land
matters. However, until recently, hunter-gatherers, as a numerical minority wherever they
live, could not constitute the number required by law to form a village. In a historical
development, in November 2011 the Hadzabe hunter-gatherer people were granted a
collective community land certificate, equivalent to the village land certificate, on the basis
of their unique lifestyle and minority status. 115 In the Philippines, since 2001, with the
support of non-governmental organizations, at least ten land titles had been granted and
nearly 250,000 hectares of traditional lands had been mapped and surveyed, and by 2015,
145 indigenous communities were using participatory three-dimensional modelling to map
their territories.116
49.
Demarcation processes have many challenges. They are invariably slow. In the
Bolivarian Republic of Venezuela, as at 2016, despite the demarcation of property affecting
approximately 101,000 people in 683 indigenous communities covering over 3.2 million
hectares, only 12.4 per cent of indigenous lands had been demarcated. In the Plurinational
State of Bolivia, the claim of the Tacana under the Tierra Comunitaria de Origen
framework, under Law No. 1715, after two decades has not yet resulted in the consolidation
of their territory.117 In Argentina, 13 years after the adoption of Act No. 26160, only 57 per
cent of the surveys planned have been initiated. 118 In Cambodia, although 684 title
certificates have been provided to 24 indigenous peoples, the requirement to have the
“agreement of their neighbours”, its tedious nature and the expense is contributing to a
stalled process.119 In the Philippines, despite laws and programmes designed to complete
the titling of all indigenous ancestral lands, the titling process is reportedly ineffectual and
has been described as slow and cumbersome, expensive and with voluminous
requirements.120 In Indonesia, in the absence of a national mechanism, indigenous peoples
set up the Indigenous Territory Registration Body in 2011, which registered 703 maps
representing indigenous territories that cover 8.3 million hectares. However, there has been
no significant policy response from the ministries and agencies receiving these maps.121
Several indigenous peoples in the United States of America have their own land-titling
abilities and have taken responsibility for such work from the federal Government, leading
to greater efficiency.122
50.
Other challenges to demarcation exist across the regions including: the failure to
recognize the inherent rights of indigenous peoples to their lands, territories and resources;
overlapping titles; lack of knowledge about the titling process; illegal occupation by small
farmers; onerous legal requirements; limited financial and human resources; the high cost
of conducting ground surveys; and disputes. In Honduras, while the demarcation process in
the region of La Moskitia has resulted in collective titling, the ongoing presence of cattle
ranchers, loggers and drug traffickers has resulted in constant tension and conflict, putting
indigenous communities at risk.123
114
115
116
117
118
119
120
121
122
123
A/HRC/WG.6/31/BLZ/1, paras. 98 and 100–102.
Submission by Elifuraha Laltaika.
Submission by the Asia Indigenous Peoples Pact.
Submission by Red Eclesial Panamazónica.
Submission by the Ombudsman of Argentina.
A/HRC/WG.6/32/KHM/1, para. 57. See also The Indigenous World 2019, p. 252, and the submission
by the Asia-Pacific Forum on Women, Law and Development.
A/HRC/WG.6/27/PHL/1, paras. 83–86; submission by the Asia-Pacific Forum on Women, Law and
Development; and submission by the national human rights institution of the Philippines.
Submission by the Asia Indigenous Peoples Pact.
See https://review.law.stanford.edu/wp-content/uploads/sites/3/2019/04/Carpenter-Riley-71-Stan.-L.Rev.-791.pdf.
A/HRC/33/42/Add.2 and A/HRC/39/17.
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