Models for recognising indigenous land rights in Latin America | Land Portal

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Date of publication: 
janvier 2004
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ISBN / Resource ID: 

This paper discusses issues surrounding indigenous land rights, sharing an understanding and information about land tenure and titling within Latin America. The study focuses on examples from the country level, with the aim of influencing policy coherence and legislation.In particular, Chapter four of this document examines the implications of indigenous land tenure for natural resource management, using case studies from Colombia, Costa Rica, Panama and Peru. It explores how the differing bodies of law in each country contribute to or undermine the ability of indigenous people to manage their natural resources.The paper draws out the following conclusions:land is not only a physical asset with some economic and financial value, but an intrinsic dimension and part of peoples lives and belief systemsthe legal situation of indigenous land rights in the countries of Latin America is highly variedthere is no single pattern of legal rights that guarantees a successful outcome on the ground for indigenous land tenure; rather, different combinations of rights can yield strong or weak results, depending on the context and the extent of political willlegal systems strongly support indigenous land rights when they take into account not only land ownership itself, but also the security of that ownership and whether it is conceptualized within the framework of the concept of an indigenous territoryland rights are stronger when the legal system concurrently recognises other rights over natural resources on indigenous lands and the rights of indigenous peoples to manage their own affairsrecognising the land rights of indigenous peoples is not a simple question of granting title, but involves addressing a more complex set of interrelated legal, social, and political issues in order to be effective and secure.[adapted from author]

Auteurs et éditeurs

Author(s), editor(s), contributor(s): 

R. Ortiga

Fournisseur de données

Concentration géographique

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