A/49/415/Add.1
English
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world. This is equally true for the indigenous peoples of the Americas,
the forest-dwelling peoples of the South and South-East Asia, African
pastoralists, the ’northern minorities’ of Russia and such groups as the
Bedouin of the Negev in the Middle East ...
"Given the potential gravity of problems in some regions, it is
surprising that the international community has been slow to grapple with
the land rights dimensions of emerging conflicts. The absence of anything
approaching a set of principles means that the international community has
to adopt an ad hoc approach when tensions erupt into armed and ethnic
conflict. At the time of writing Bosnia constitutes perhaps the most
flagrant example, but there are many other similarly horrendous situations
on the horizon. Notably in Africa, land has been a crucial factor behind
ethnic tensions in such countries as Ghana, Burundi and Rwanda in the first
months of 1994 alone.
"Discrimination in land access can be an important factor fuelling
ethnic tensions. It happens when a country is subject to conquest by a
dominant group which is determined to exercise control over the most
fertile lands and likely to secure a labour supply from the weaker groups
by depriving them of equal access to the land. The colonial experience in
developing countries usually involved white European minorities
establishing one legal framework for settler groups and another for
indigenous peoples. There have been more recent post-colonial experiences
where an economically and politically dominant group has engaged in a clear
pattern of discrimination, in both law and practice, against other
population groups. In other cases land law and policies have favoured a
politically dominant ’indigenous elite’ at the expense of other ethnic
groups, which comprise a significant proportion of the national population.
The weaker sectors may have no sense of a special relationship with the
land, their major or even only demand being equality of rights with the
dominant sector.
"The main issue is often one of equal access to the land, particularly
in the developing countries, where a large proportion of the population
depends on land access for subsistence and livelihood. Despite a professed
commitment to land reform by Governments and international donor agencies,
the impetus for redistributive land reforms has been all but lost over the
past two decades. In Latin America and parts of Asia and the Middle East
there has been a steady trend towards greater rural landlessness, and in
many cases a renewed pattern of land concentration. Ethnic or religious
minorities comprise a large proportion of the rural landless. Many of them
now earn their livelihood as casual labourers or seasonal migrant workers
in agriculture. Their main demand is likely to be for access to the land
as tenants or small farmers, or at least as regular agricultural workers
with a minimum degree of social protection. Such demands are likely to be
for affirmative action programmes of land and tenancy reform, perhaps
targeted on the particular needs of vulnerable minorities ...
"As the study has sought to demonstrate, land can be a key issue
behind minority claims for protection in many parts of the world. In some
cases there are long-standing grievances, with minorities claiming the
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