A/HRC/12/34/Add.2 page 13 which they traditionally occupy shall be recognized.” In light of these international standards, to which Brazil has committed, indigenous peoples must effectively enjoy rights over their lands that are the equivalent of ownership, and the State’s property interest in indigenous lands must operate only as a means of protection and not as a means of interference with indigenous control. Additionally, both under the Declaration (arts. 19, 30, 32) and ILO Convention 169 (arts. 6, 15.2), indigenous peoples have the right to be consulted on any decision affecting them with the objective of achieving their agreement or consent, including with regard to the exploitation of subsurface resources owned by the State or the establishment of military installations. Whatever the validity or ultimate disposition of the 19 conditions articulated by the Supreme Federal Tribunal, administrative, legislative and military authorities should exercise their powers in relation to indigenous lands in a manner consistent with these international norms. Further, the enactment of domestic legislation or administrative regulations to implement these standards is desirable. B. Process of land delimitation, demarcation and titling 41. To its credit, Brazil has developed an advanced methodology to demarcate and register indigenous lands,8 which is administered by FUNAI and the Ministry of Justice with participation by indigenous peoples. The demarcation process begins with the identification of the area through a detailed multidisciplinary study by FUNAI, conducted with the participation of the indigenous group or groups concerned through their own representative institutions. In identifying the area, attention is given to historical land use patterns, as well as to the present and future needs of the indigenous people for their physical and cultural survival, in accordance with the Constitution (art. 231). 42. The Ministry of Justice oversees the demarcation process and adjudicates competing claims or challenges to the demarcation. Any non-indigenous occupants of a demarcated area are to be resettled and provided compensation for any bona fide improvements made by them, in accordance with the pertinent legislation. Non-indigenous occupants may challenge the demarcation and the amount of compensation offered before the process is finalized. Often such challenges have resulted in the delay of registration of demarcated lands or the outright refusal of the indigenous occupants to leave once registration has occurred, or even an increase in illegal occupation, as exemplified in the Raposa Serra do Sol case. 43. An exemplary, integrative initiative for securing indigenous lands and building relevant capacity of indigenous peoples is the Projeto Integrado de Proteção às Populações e Terras Indígenas da Amazônia Legal (PPTAL), administered by FUNAI. The project, which has supported the identification and demarcation of 40 million hectares of indigenous land in the Amazon region, is reported to have contributed to ensuring indigenous peoples’ access to natural resources and to have increased the participation and control of indigenous peoples in the process of securing and managing their lands. 8 Defined in Presidential Decree 1775 (1996) and Ministry of Justice Regulation (Portaria) 14 (1996).