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Session Chair: Raelene Webb, Murray Chambers, Australia
Jurisprudence of the Supreme Federal court of Brazil in the process of demarcation of the indigenous reserve Raposa Serra do Sol
Jose de Arimateia Barbosa1, Ariane Silva Barbosa2, Rui Barbosa Netto3, Delaíde Passos4
1Secretary of the association of Notaries and regisrars of te State of Mato Grosso- Brazil; 2Lowyer; 3Notary, Brazil; 4UNICAMP
JURISPRUDENCE AND LAND CONFLICT IN THE PROCESS OF DEMARCATION OF THE INDIGENOUS RESERVE RAPOSA SERRA DO SOL
The Raposa Serra do Sol is an indigenous territory located in the extreme north of the Brazil, in the state of Roraima, specifically in the Normandia, Pacaraima and Uiramutã districts, between the Tacutu, Maú Surumu Miang and the Venezuelan and Guyana frontiers. The main objective of this article is to understand the complexity involved in the demarcation of the Raposa Serra do Sol Indian Reservation, considering the need to bring to the discussion the peculiarities of the Amazonian biome, the question of national sovereignty, which in this case was strongly contested by international agents working in the region, and the debate on indigenous law. These discussions have returned with force in the last months, seen diverse declarations on the unconstitutionality of the present demarcation.
Assessing implementers’ perspective on reform processes: Progress and challenges in formalizing the rights of native communities in Peru
Iliana Monterroso, Anne Larson
Since 1974, the Peruvian government has formally recognized the collective rights of more than 1,300 native communities with titles to over 12 million hectares. Despite this progress, the Interethnic Association for the Development of the Peruvian Amazon (AIDESEP) calculates that there are outstanding claims to 20 million ha of land and forest. The context surrounding implementation is complex, with different interests shaping the priorities of each respective government administration. This paper analyses the process of formalizing collective rights to native communities in Peru, from the perspective of government agents involved in implementation procedures, activities and the outcomes derived from this. The analysis is based on a mixed method approach that combines legal and institutional analysis of the implementation framework. It provides lessons on the barriers and limitations to promote more effective processes around the formalization of collective rights to forests and lands in Peru.
Case study: a model for securing the legal recognition of indigenous lands rights in the Democratic Republic of the Congo
Kysseline Cherestal1, Alfred Kibiswa3, Kapupu Diwa Mutimanwa3, Keddy Bosulu2, Roger Buhereko1, Betto Nyongolo3, Loic Braune1
1World Bank, United States of America; 2REPALEF, Réseau de populations autochtones pour la gestion durable des écosystèmes forestiers de la RDC; 3LINAPYCO, Ligue nationale des associations autochtones pygmées du Congo
The forests of the DRC support millions, including 700,000 to 1,000,000 indigenous peoples (IP) for whom identity and survival are intrinsically linked to their land. In a backdrop of ongoing land related reforms and legal revisions, IP communities, depending on their geographic location and history, prioritize different land rights (access, use, withdrawal, management, exclusion, alienation, due process and just compensation). This case study will present a model process followed by the national level governance structure of IP organizations in the DRC to elaborate a coherent strategy to secure an array of land related rights, through the development of a set of guiding principles; and of a strategy for securing 1) traditional IP lands, held collectively; and 2) new settlement lands, held by IP individuals and IP families, enabling them to settle at their own pace and integrate into existing communities in a fair and sustainable way.