In most cases, the regularization of land ownership is a complex task that involves a variety of stakeholders and steps, including the adoption of legislation, the definition of adequate procedures and the establishment of institutional mechanisms for implementation and resolution of competing claims. While acknowledging that the regularisation of land ownership is a complex process that requires time, the supervisory bodies of the ILO have also recommended that transitional measures may be adopted during the course of the process in order to protect the land rights of the indigenous peoples while awaiting the final resolution.7)
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arise between indigenous and non-indigenous communities or individuals but also, in some cases, between different indigenous communities. Therefore, the establishment of appropriate procedures for resolving land claims is absolutely essential, taking into account the general principles of ensuring consultation and participation of indigenous peoples in decision-making on the establishment of “appropriate procedures”. As underlined by the ILO supervisory bodies, the establishment of such mechanisms for resolving land claims is also a way to prevent violent incidents.8)
Establishment of mechanisms to resolve land claims It is almost inevitable that the process of regularising land ownership and possession will give rise to competing land claims. In most cases, these
In this regard, the UN Declaration, in Article 27, obliges states to recognize and adjudicate the rights of indigenous peoples to their lands, territories and resources. Moreover, Article 26(3) of the Declaration obliges states to give legal recognition and protection to indigenous peoples’ lands, territories
7) Governing Body, 299th Session, June 2007, Representation under article 24 of the ILO Constitution, Guatemala, GB.299/6/1, para. 45.
8) Governing Body, 289th Session, March 2004, Representation under article 24 of the ILO Constitution, Mexico, GB.289/17/3, para. 134.
INDIG E NO US & TRIBAL P EOP LES ’ RIGHTS IN P RACTICE – A GUID E TO ILO CON V EN TION No . 169