A/HRC/23/56/Add.1
consultation process on major extraction and construction projects and the environmental
and social effects of activities of exploitation of natural resources in indigenous territories,
as well as the distribution of benefits from the exploitation of natural resources to affected
indigenous peoples.
57.
The right of access to, and tenure of, land, the administration of the land tenure
system and the procedures involving the regularization, restitution, expropriation and
distribution of land are regulated by Law No. 3545 on the Extension of Agrarian Reform
and its regulations adopted in 2006. The reform of the land tenure system, aimed at
increasing the allocation of land to the entire spectrum of the population, in particular to
indigenous peoples and native peasants, is still underway. To meet claims to ancestral land
by indigenous groups and communities, the National Land Reform Institute has enabled the
adoption of a new category for collective land property, “tierras comunitarias de origen”,
(native community lands), subsequently called “territorios indígenas originarios
campesinos” to bring the native community lands into line with the legal framework of the
new Constitution by granting indigenous groups exclusive rights over the use of renewable
resources on their territories. The Government continues its work of identifying fertile land
that may be allocated to indigenous peoples and peasants. Some, however, criticized that
granting land titles did not fully address the reality on the ground, given that significant
areas of fertile land remained in the hands of large landowners.
58.
Concerns were expressed by various interlocutors at the negative impact of the
exploitation of natural resources on indigenous peoples and communities, particularly in the
Andean region.. Exploitation has resulted in environmental pollution of indigenous
territories and hindered basic subsistence activities, and had a negative impact on the health
of affected indigenous peoples and farmer communities. The law on hydrocarbons of 2005
and the “Reglamento de consulta y participación para actividades des hidrocarburíferas” of
2007 require respect for the practices and traditions of indigenous communities and
establish a mechanism for mandatory consultation. Concerns were, however, expressed that
a large number of concessions for the exploitation of wood and mining exploration to
private businesses were approved without prior consultation of the indigenous and other
communities affected.
59.
It was reported that important steps had been taken to address the above concerns.
Under the coordination of the Vice-Ministry of Decolonization, the Office of the
Ombudsman jointly with other relevant institutions have made a number of
recommendations on the use of natural resources that affect the lives of indigenous peoples
and communities, highlighting the importance of respect for the right to consultation. A
framework law on consultation is being drafted in consultation with the Ombudsman and
indigenous communities. The Agro-Environmental Court was established in January 2012
to deal with cases relating to land tenure and the protection of the environment and flora,
fauna and water resources.
60.
The representatives of indigenous communities recommended that their views and
the suggestions of affected indigenous peoples and communities should be taken into
account, and the current process of consultation be reviewed to make it more effective.
Moreover, they also recommended that contract provisions should be incorporated to
ensure that affected indigenous peoples and communities receive tangible benefits from
development projects to be carried out in indigenous territories.
61.
During meetings with various interlocutors from indigenous groups and civil
society, concerns were raised with regard to the consultation on the issue of the Isiboro
Sécure Indigenous Territory and National Park, a national park covering 1.2 million
hectares straddling the southern part of the Beni Department and the northern part of
Cochabamba. The project of building a road through the national park has been a subject of
dispute between the indigenous groups living in the area and the Government.
13