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OEA/Ser.L/V/II.
Doc. 56/09
30 December 2009
Original:
Spanish
INDIGENOUS AND
TRIBAL PEOPLES’ RIGHTS OVER THEIR
ANCESTRAL LANDS
AND NATURAL RESOURCES
Norms and
Jurisprudence of the Inter-American Human Rights System
TABLE OF
CONTENTS
(pdf)
I.
INTRODUCTION
II.
SOURCES OF LAW
A.
Inter-American Human Rights Instruments
B. ILO
Convention No. 169
C. Other
International Treaties and Pronouncements of Treaty Bodies
D.
International Customary Law
E. Other
International Instruments
F. Domestic
Law
III.
DEFINITIONS
A.
Indigenous Peoples; Tribal Peoples
B.
Lands and Territories
C. Natural
Resources
IV. STATE
OBLIGATIONS TOWARDS INDIGENOUS AND TRIBAL PEOPLES
AND THEIR MEMBERS
A. Respect
and Ensure Rights
B. Specific
Obligations Owed Indigenous and Tribal Peoples
V.
INDIGENOUS AND TRIBAL PROPERTY RIGHTS: GENERAL CONSIDERATIONS
A. The
Special Relationship between Indigenous and
Tribal Peoples and their
Territories
B. The Right
to Property in Inter-American Human Rights Instruments
C.
Foundations of the Right to Territorial Property
D. Land
Management and Rights over Natural Resources
VI. THE
SPECIFIC CONTENT OF INDIGENOUS PROPERTY RIGHTS OVER TERRITORIES
A. The
Geographic Scope of Indigenous Property Rights
B. Legal
Title and Registration
C. Legal
Certainty of Title to Property
D.
Delimitation and Demarcation of Ancestral Territory
E.
Possession and use of Territory
F. Effective
Security against Third Party Acts and Claims
G. Legal
Conflicts over Territorial Property with Third Parties
H. The Right
to Restitution of Ancestral Territory
I. Right to
Basic Services and Development
J. Exercise
of the Spiritual Relation to Territory and Access to Sacred Sites
K.
Protection from Forced Displacement
VII.
HOW
FAILURE TO SECURE PROPERTY RIGHTS IMPAIRS THE ENJOYMENT
OF OTHER HUMAN
RIGHTS
A.
The
Right to Life
B. The Right
to Health
C. Economic
and Social Rights
D. The Right
to Cultural Identity and Religious Freedom
E. Labor
Rights
F. Right to
Self-determination
G. Right to
Psychological and Moral Integrity
H.
Corresponding State Obligations
VIII.
INDIGENOUS AND TRIBAL PEOPLES’ RIGHTS OVER NATURAL RESOURCES
A. General
Considerations
B. The Right
to Environmental Integrity
C. The Right
to Effective Implementation of the Existing Legal Standards
D. State
Obligations in the Context of Development and Investment
Projects and Extractive
Concessions over Natural Resources
E. Control
and Prevention of Illegal Extractive Activities in Indigenous
Territories
F.
Prevention of the Epidemiological and Socio-cultural Consequences
of Development
Activities
IX.
RIGHTS OF CONSULTATION AND PARTICIPATION
A. The
General Obligation
B.
Participation in Respect to Decisions over Natural Resources
C. The Limited Duty to Obtain Prior Informed Consent
X.
RIGHTS TO STATE PROTECTION, OF ACCESS TO JUSTICE AND TO REPARATIONS
A.
Administrative Procedures
B. Access to
Justice
C.
Reparations for Violations of the Right to Territorial Property
Document published
thanks to the financial support of Denmark and Spain
Positions herein
expressed are those of the Inter-American Commission on Human Rights and
do not reflect the views of Denmark or Spain
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