A/HRC/21/47/Add.2
19.
The following provinces with significant indigenous populations have also
established constitutional norms on indigenous matters: Buenos Aires, Chaco, Chubut,
Entre Ríos, Formosa, Jujuy, La Pampa, Neuquén, Salta, Río Negro and Tucumán. Several
provinces also have specific laws on various indigenous issues. Some of these laws are of a
general nature, covering a number of issues related to indigenous peoples, while others
focus on a specific topic such as land allocation or the establishment of registries or
institutions for indigenous communities.
IV.
The Special Rapporteur’s main concerns
20.
There are many national and provincial laws and programmes on indigenous
matters. There are a number of problems, however, with regard to implementing and
guaranteeing the rights of indigenous peoples, particularly in relation to their lands and
natural resources and their access to justice, education, health care and other basic services.
Generally speaking, the Special Rapporteur noted that there is no suitable policy to
prioritize and emphasize the design and implementation of public policies that give effect to
the rights of indigenous peoples as recognized in national law and in the international
instruments to which Argentina is a party.
A.
Land tenure and natural resources
21.
The situation of indigenous peoples in the country with regard to land tenure is a
result of the fact that historically they have been dispossessed of large tracts of their land by
ranchers and by the operations of farming, oil and mining companies on lands claimed by
indigenous communities. The majority of indigenous communities in the country have not
received legal recognition of their lands in line with their traditional ways of using and
occupying those lands.
1.
(a)
Identification and legalization of indigenous lands
Federal cadastral survey programme
22.
INAI pushed for the adoption of the aforementioned Act No. 26160 (para. 14 above)
in order to address the problem of indigenous land tenure in the country and to comply with
ILO Convention No. 169 on the recognition and protection of the rights of indigenous
peoples over the lands which they traditionally occupy (art. 14).
23.
INAI then established the National Programme for the Cadastral Survey of
Indigenous Communities to carry out the survey called for in the Act. Under this
programme, technical and field work is carried out through the coordinated efforts of INAI,
indigenous peoples, the provinces, academic institutions and NGOs. In cases where there is
no effective mechanism for coordination between INAI and a certain province, or in
individual cases where speed is of the essence, the survey is to be conducted by a technical
team led by INAI.
24.
The survey process includes a study, conducted with the participation of the
community, on the social and cultural organization of the community and on the ways it has
historically used and occupied the land. This process involves producing a cartographic
report that must be approved by the community, a technical dossier containing the
information collected, and a description of the steps the community must take to legalize
their lands.
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