E/CN.4/2002/97
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50.
The Human Rights Committee has examined this question and adopted the following
general comment on article 27 of the International Covenant on Civil and Political Rights:
“… one or other aspect of the rights of individuals protected under that article - for
example, to enjoy a particular culture - may consist in a way of life which is closely
associated with territory and use of its resources. This may particularly be true of
members of indigenous communities constituting a minority … With regard to the
exercise of the cultural rights protected under article 27, the Committee observes that
culture manifests itself in many forms, including a particular way of life associated with
the use of land resources, especially in the case of indigenous peoples …”.21
51.
Some scholars argue that the recognition of indigenous territorial rights is necessary for
the full protection of the human rights and fundamental freedoms of indigenous peoples, whereas
others seem to fear that such recognition might undermine the unity and integrity of existing
States. Nevertheless, in a number of States such rights have indeed been legislated and
experience suggest that national unity is not threatened by these developments.
52.
After a decades-long struggle for legal redress concerning ancient land rights and
aboriginal title, the Inuit people of northern Canada, who had linked land claims to territorial
autonomy, negotiated a political agreement with the Government whereby they achieved the
creation, in 1999, of the self-governing territory of Nunavut. Rather than weaken national unity,
this arrangement has strengthened the federal structure of Canada and met the claims and
aspirations of the Inuit people.22
53.
In Panama, seven indigenous peoples, the Ngöbe, the Kuna, the Emberá, the Wounaan,
the Buglé, the Naso and the Bri Bri, who together represent 8.3 per cent of the national
population, are mostly concentrated in five legally constituted territorial units (comarcas)
which make up almost 20 per cent of the country’s total land area. These comarcas are
semi-autonomous regions governed by local councils and traditional governors (caciques).23
54.
How can and should existing States coexist with the notion of indigenous territories?
Are these notions incompatible? To what extent is the idea of legally recognized indigenous
homelands a necessary ingredient for the full enjoyment of the range of human rights by
indigenous peoples? These are still open and debated questions, and answers will vary according
to region and country. While there are a number of practical experiences that illustrate the
problems involved, more research is needed to address the particular issues, which are frequently
controversial in public discourse. How can constructive arrangements be found to reconcile the
legitimate concerns of States regarding territorial integrity and national unity, and the equally
legitimate concerns of indigenous peoples regarding their collective survival qua peoples linked
to the earth in myriad ways, within an international system made up of sovereign States? The
Special Rapporteur intends to pursue these questions in the future, drawing on existing research
and expertise, consulting relevant specialists and visiting particular areas where these issues are
being dealt with.