As political systems in Latin America become more democratic, traditional land rights systems are returning to the forefront of political agendas. By comparing experiences across the region, it may be possible to form coherent policies to assist the returning of land to indigenous populations.

Research from the World Bank looks at the legal recognition of indigenous land rights in Latin America. Land rights are traditionally important to many indigenous communities in Latin America. Land is not only a physical asset with economic value, but also an intrinsic part of people’s lives and belief systems, a source of social power and self-worth. International researchers and policy makers are becoming increasingly aware of the need to recognise indigenous land rights as a vital component of economic development for poor people.

Several key characteristics determine the degree of security indigenous people exert over their land. These characteristics also shape the ability of indigenous peoples to participate in conservation activities on their territories. These include:

• the type of land rights, ranging from outright ownership to different forms of restricted ownership
• the recognition of land in a manner that corresponds with indigenous territories
• the ownership and use of natural resources as part of land rights
• the degree of security attached to land tenure
• the degree of autonomy for populations to manage their own affairs
• the legal actions people can take to defend their land rights.

Achieving an effective land rights system is not always easy, however. The different legal systems in many countries mean there are different levels of ownership. Indigenous people in Costa Rica and Panama have full ownership of their lands. In Peru, however, there are laws recognising different types of land ownership but they do not state which type of ownership indigenous people have. In Colombia, laws do not clearly state whether the government or indigenous people have ownership of natural resources in indigenous territories.

There are many common problems with recognising land rights:

• failure to develop the legal organisations necessary to enforce laws guaranteed by international treaties
• time-consuming and complicated procedures for gaining legal recognition of land rights
• inaccuracy in writing indigenous laws and confusion over unclear terms, which leads to different interpretations of laws
• failure to carry out adequate consultation with indigenous communities
• a lack of legal definition of ownership rights and resource use, particularly where indigenous territories overlap with protected areas.

There is no single pattern for establishing land rights for indigenous people in Latin America. Different systems can produce strong rights or weak rights, depending on the political determination in each country. The research shows, however, that legal systems support indigenous people more strongly when they consider not just land ownership, but the security of that ownership. Recognising land rights is not just a question of granting titles, but involves a complex framework of legal, social and political issues that ensure these rights are effective and secure.

Source(s):
‘Models for recognizing indigenous land rights in Latin America’ Biodiversity series Paper No. 99, World Bank Environment Department, by R. Roldan Ortiga, October 2004 Full document.

Funded by: World Bank

id21 Research Highlight: 7 April 2005

Further Information:
The World Bank Environment Department
1818 H Street, N.W
Washington, DC 20433
U.S.A.

Tel: +1 (0) 202 473 1000
Fax: +1 (0) 202 477 6391

The World Bank Group - Environment

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