Obligaciones de los Estados en materia de derechos territoriales indígenas

Abstract

This article examines state obligations under indigenous territorial rights. The cultural survival and development of indigenous peoples depends on their spiritual and factual connection with their lands. It argues that indigenous ancestral land rights derive from international and national law. Indigenous customs prefer a collective land tenure system to individual property rights. State obligations regarding indigenous ancestral land rights are based on international human rights treaties and national systems. In short, the paper argues that states have an obligation to respect, protect, and fulfil indigenous land rights. This article also examines their enforcement in the international and domestic arenas.

Published online: 11 December 2017