E/CN.4/2002/73/Add.1
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belong to the Mapuche, the Mapuche belongs to the land”. The land, the source of identity, thus
has a religious dimension and meaning for indigenous peoples. It constitutes the matrix for their
beliefs and a support for the manifestation of those beliefs.
113. The claims of the indigenous communities regarding the restitution of property thus
implicitly embody a religious dimension, namely, access to sacred sites and to graves. The
situation varies widely in practice: some provinces have granted definitive community property
title to land, others have recognized indigenous lands without granting property title; disputes
involving private property have led to instances of expropriation or have yet to be resolved.
Serious disputes remain, particularly involving companies (for example, in Patagonia, the
expropriation by multinational companies, including Benetton, of land belonging to the Mapuche
community), as well as State institutions (for example, the army). In this connection INAI has
been criticized for a lack of consultation with indigenous groups, the meagre results obtained
and, above all, in the view of some, a paternalistic approach to indigenous issues.
114. With regard to the restitution of human remains having religious significance for
indigenous peoples, there are difficulties with museums that cite archaeological imperatives, yet
there are also instances of the transfer of remains from national museums to indigenous groups.
115. Further, despite a strategic alliance in recent years between indigenous groups and certain
religious organizations (for example, Protestants) supporting indigenous demands, there are
difficulties in the religious or spiritual domain. Non-governmental sources suggest that religious
organizations, while sincere in their provision of assistance to indigenous groups, remain
attached to their roots and beliefs, and this results in their sharing the truth as they see it and
effectively resorting to proselytism. Similarly, some Christian congregations do not accept
indigenous practices that contravene their principles. As an example, non-governmental
organizations cite the censuring by the Anglican Church of shamanism in the Witchi community.
However, most indigenous communities do not question the situation owing to the commitments
made with their religious partners.
116. The view was expressed that, although attention should be paid to respect for indigenous
religious traditions the main problem facing indigenous communities was their social, political,
cultural and especially economic marginalization in Argentine society.
IV. CONCLUSIONS AND RECOMMENDATIONS
117. The Special Rapporteur sets out below his conclusions and recommendations on
legislation, policy and the situation in the field of religion and belief.
Legislation
118. The Special Rapporteur considers that federal and provincial constitutional provisions
guarantee freedom of religion and belief and freedom to manifest religion or belief in accordance
with relevant international law.