A/HRC/30/54
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.”
62.
The Expert Mechanism has repeatedly emphasized the importance of indigenous
peoples’ rights relating to lands, territories and resources, including in the context of access
to justice, languages and cultures, and disaster risk reduction.
63.
Peru noted that the titling of indigenous forest community lands was fundamental
for the protection of other rights. Peru had a project aimed at titling and registering lands of
indigenous communities in the Amazon. Paraguay had undertaken to title lands for several
communities, including expropriating lands for the Sawhoyamaxa in compliance with the
2006 judgment of the Inter-American Court of Human Rights.
64.
Colombia reported on an initiative to demarcate sacred sites in the Sierra Nevada de
Santa Marta region, including through a consultation process with the indigenous peoples
involved. Colombia also reported on measures taken to strengthen indigenous peoples’
autonomy and governance in the Amazonas, Guainía and Vaupés departments.
65.
France indicated that in New Caledonia, the Noumea agreements had fully
recognized the special relationship the Kanak had with the Earth.
66.
Denmark and the Government of Greenland noted that the Act on Greenland SelfGovernment provided for Greenland to assume a series of new fields of responsibility and
introduced new arrangements regarding mineral resource activities in Greenland.
67.
In Guatemala, the Ministry of Land Affairs was responsible for coordinating the
implementation of land policy, including access to land; resolution of land disputes; access
to other productive assets; and predictability and legal certainty. There was a regulation that
established an administrative procedure for registration of the system of collective land
tenure of indigenous communities. Connected to this procedure, 200 people (leaders,
indigenous authorities, public authorities, academics and donors) were brought together to
discuss the importance of communal lands and the need for environmental public entities.
Finally, Guatemala had provided legal certainty to four Q’eqchi Maya communities settled
within the buffer zone of the Biosphere Reserve Sierra de las Minas, which recognized the
communal ownership of certain ancestral lands.
68.
In relation to lands, territories and resources, some States identified the need to
consider third-party interests and other public interests.
69.
Japan provided examples of access to resources. For example, the local Government
provided Ainu people special permission to catch salmon in inland waters to protect their
traditional rituals.
70.
Responses from Red COMUINCACOL (Colombia) and ONG Adjmor (Mali) stated
that measures for protecting indigenous peoples’ lands and resources existed, but that their
enforcement was very weak. Teemashane Community Development Trust mentioned that
in Botswana the Tribal Land Act had been used to displace indigenous peoples from their
lands in the name of conservation and social and economic development of the country.
G.
Treaties, agreements and other constructive arrangements with States
71.
The questionnaire posed the following question to States and indigenous peoples:
“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, please outline any plans to develop legislative, policy or
administrative measures in this area.”
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