E/CN.4/2002/97 page 17 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.

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