E/CN.4/2004/80/Add.2
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Commission concludes that agrarian affairs suffer from a systematic failure to enforce and
dispense justice, delays in procedures for resolving conflicts, slow court procedures and rulings
with ingrained defects, seriously affecting the right of communities to land and increasing the
risk of a socially explosive situation.
Violence and human rights
In the Huastec region, according to an observation mission, the fight by the indigenous
communities for recognition and title to their lands have left dozens of people dead over the
last three decades.
Another report states that out of a total of 32 violations of the collective rights of the Indian
peoples registered in 2002 and affecting the Zapotec, Mixe, Mixtec, Triqui, Huichol,
Tarahumara, Yaqui, Cucapá, Cochimí, Kumiai, Kiliwa, Tzeltal, Chol, Tojolabal, Maya,
Mazahua, Otomí, Tepehuano and Tlapaneco peoples, 19 cases in 12 States involved violations
of the collective right to land and territory and the use of natural resources.
In Guerrero, several indigenous communities complain of encroachment on and expropriations
of land they own, the arbitrary detention and torture of a number of peasants by army
personnel and dozens of deaths in connection with a conflict over a piece of forest land.
In the Sierra Sur, Oaxaca, the main disputes over land boundaries between communities have
led on several occasions to violence, resulting in deaths and injuries.
The Minister for Agrarian Reform told the Special Rapporteur during his visit of 13 agrarian
“hot spots” in Mexico involving indigenous communities, some of which are being resolved
by negotiation between the parties.
20.
In some areas the indigenous communities have no legal security of tenure, as a result
of the slow pace and corruption typical of agrarian procedures and the interests of various
individuals. The Special Rapporteur was told of cases involving indigenous peoples including
the Yaquis of Sonora, the Huicholes of Jalisco, the Tarahumaras of Chihuahua and the Huaves of
Oaxaca. The Programme for the Certification of Ejido Rights (PROCEDE), set up to resolve
these problems, has not helped to improve the tenure situation, according to the reports received.
Two emblematic cases typifying some of these points are described below.
21.
The Special Rapporteur visited the Montes Azules Biosphere Reserve in which,
under a presidential decree of 1972, a small number of Lacandona families were given
over 600,000 hectares of tropical rainforest, thus creating the “Lacandona Community”, a large
part of which was licensed to logging companies and cattle farms. Numerous settlements of
Choles, Tzeltales, Tzotziles, Tojolabales and others remained outside the Community, however;
they were the result of the spontaneous colonization of the forest from the 1950s onwards,
encouraged at the time by the Government itself. In 1978 the Montes Azules Biosphere Reserve
was created, taking in part of the Lacandona Community, and these settlements were deemed
illegal. On the pretext of conserving the environment, the communities have been threatened
with removal from the Reserve. The lack of clarity in the Government’s policy has given rise to