Models for Recognizing Indigenous Land Rights in Latin America

This paper represents an important
dimension in filling Latin America history's gaps
through the lens of land rights. The continent was populated
by many nations, functioned in harmony with nature, had a
variety of cultures and languages, and, developed many
different socio-economic systems (nationally and locally).
These nations were sovereign and recognized from Alaska to
Patagonia. Indeed, among all of them, we know they had very
advanced, and well established institutional arrangements
and organizations (formal and informal), created and
nurtured with the view to respond to the needs, and
challenges of the time. With a variety of forms of
governance, these societies did assign rights, and
responsibilities to the different actors, and groups in
order to maintain an acceptable level of social cohesion, to
establish important political consensus. As the political
systems of some countries are now becoming more democratic
to listening, and embracing the views of minorities, issues
of land rights have clearly surfaced. Issues of sovereignty,
customary law and, simply, of traditional norms-from the
national to the household levels-are being put on the table
of what is clearly a complex social dialogue. The paper is
an excellent source of basic information, sharing an easy
and practical understanding about land tenure/titling, as
discussed above. In addition, the paper represents a genuine
attempt to: a) recognize the existence of these complex land
rights and land titling systems across Latin America; b)
study the content at the country level, so that
international experiences/comparisons may spark a move
towards policy coherence and legislation; and, c)
demonstrate that land is not only a physical asset with some
economic and financial value, but an intrinsic dimension,
and part of peoples lives and belief systems. There is also
a human rights dimension to all of the above. And it is
essential to understand this human rights dimension of land
rights, not just as a legal obligation, but as a key element
of economic and social development.