9 1
V I I . L A N D A N D T E R R I T O R I E S
7.1. THE CONCEPT Of LAND
Most indigenous peoples have a special relationship to the land and territories they inhabit. It is where
their ancestors have lived and where their history, knowledge, livelihood practices and believes are
developed. To most indigenous peoples the territory has a sacred or spiritual meaning, which reaches
far beyond the productive and economic aspect of the land. In the words of UN Special Rapporteur
Martinez Cobo;
“It is essential to know and understand the deeply spiritual special relationship between indigenous
peoples and their land as basic to their existence as such and to all their beliefs, customs, traditions and
culture... for such people, the land is not merely a possession and a means of production... Their land
is not a commodity which can be acquired, but a material element to be enjoyed freely.”
1
The centrality of the concept of land and territories is strongly relected in Convention No. 169, which
has a series of provisions to explain the concept of land and territories; the rights of indigenous
peoples to possession and ownership; as well as the requirements for identifying the lands; protecting
their rights, and; resolving land claims.
As the central starting point, ILO Convention
No. 169 stipulates that: Article 13
1.
In applying the provisions of this Part of the Convention governments shall respect
the special importance for the cultures and spiritual values of the peoples concerned of
their relationship with the lands or territories, or both as applicable, which they occupy or
otherwise use, and in particular the collective aspects of this relationship.
2.
The use of the term lands in Articles 15
and 16 shall include the concept of territories, which covers the total environment of the
areas which the peoples concerned occupy or otherwise use.
1 Jose R. Martinez Cobo, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities: Study
on the Problem of Discrimination Against Indigenous Populations. UN Document No.ECN.4Sub.219867Add.1, paras. 196 and 197.
This is reafirmed in Article 25 of the UN Declaration on the Rights of Indigenous Peoples, which
stipulates that indigenous peoples have the right to maintain and strengthen their distinctive
spiritual relationship with their traditionally-owned or otherwise occupied and used lands, territories,
waters and coastal seas and other resources and to uphold their responsibilities to future generations in
this regard.
The territory is the basis for most indigenous peoples’ economies and livelihood strategies,
traditional institutions, spiritual well-being and distinct cultural identity. Consequently, loss of
ancestral lands threatens their very survival as distinct communities and peoples. It must thus be
understood that when the Convention talks about “lands”, the concept embraces the
whole territory
they use, including forests, rivers, mountains and coastal sea, the surface as well as the sub-surface.
7.2. PROTECTING THE RIGHT TO OwNERSHIP AND POSSESSION
Kategori