A/HRC/21/47/Add.2 other, legitimate communities, which in some cases are still waiting to be granted legal status and have their lands recognized. 3. Other problems undermining the land tenure of indigenous peoples 49. There are also concerns about the effects of establishing national parks and protected areas in places inhabited or used by indigenous peoples. In 2005, the National Parks Administration and INAI signed an agreement to assist the indigenous communities located in protected areas. The Special Rapporteur received information about positive developments in recent years, including indigenous peoples’ increased control over the management of some national parks. However, indigenous peoples face continuous challenges regarding access to land and natural resources within protected areas. 50. Another problem is the listing of lands occupied by indigenous peoples, such as the Quebrada de Humahuaca in the province of Jujuy, as United Nations Educational, Scientific and Cultural Organization (UNESCO) world heritage sites. After this site was listed by UNESCO in 2003, there was a huge increase in tourism and in the economic value of the land used and occupied by indigenous peoples in the area. Because of this, the provincial government has issued land titles to foreign investors, and as a result, according to the information received, the surrounding indigenous communities have been dispossessed of their land and have fewer water resources. The communities are not involved in the supervision or management of the site and derive no economic benefits therefrom. Moreover, the provincial government has reportedly still not surveyed the territories of the indigenous communities in the Quebrada de Humahuaca. B. Access to justice, evictions and social protest 51. Several communities have turned to the justice system in an attempt to obtain protection or legal recognition of their lands, with mixed results. Indigenous peoples seeking justice generally face a number of barriers, including linguistic, cultural and economic barriers and the distance to the courts. In particular, it has been reported that most provincial courts are unaware of, or fail to take due consideration of, national and international law concerning indigenous peoples, mainly with regard to their rights to land and natural resources. 52. Throughout the country, the courts have tended to favour the private property rights of individuals or corporations over collective forms of indigenous ownership. Few court rulings have protected the rights of indigenous peoples. One positive judgement was issued in February 2011 in the case involving the Wenctru Trawel Leufú community of Neuquén province. This judgement recognized the obligation of the Piedra del Águila company to consult with the affected community before proceeding with extractive activities. It has been appealed, however, by the company and the provincial State prosecutor. 53. The grave situation of legal uncertainty over indigenous lands is reflected in the high number of indigenous communities that have been evicted. The majority of these evictions have resulted from orders issued by provincial courts in which members of indigenous peoples have been accused of seizing private land. In some cases, the affected communities were not notified beforehand, and the communities had no opportunity to defend themselves during the eviction proceedings. In some cases, the homes and property of members of indigenous peoples, including their livestock and crops, were destroyed during the eviction operation. 54. It is worrying that most of these evictions have occurred since Act No. 26160 of 2006 entered into force. It has been reported that the courts do not give proper consideration to, or are even completely unaware of, the rights of indigenous peoples under 12 GE.12-14947

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