“States must also prevent appropriation and invasion of [indigenous] lands and territories by third parties […]. [Likewise,] [i]ndigenous peoples have the right to be protected by States from attacks by third parties in the context of property conflicts, to this end adopting special measures, paying special attention to their particular situation of vulnerability.” […]. [The obligation to free the territories of encumbrances] is a reality common to many indigenous lands that have been occupied traditionally [and in which], during the identification and demarcation processes third parties’ properties are found, many of which are illegal, although sometimes occupied in good faith […]. States have diverse obligations, including relocation [of the third party], payment of compensation when improvements haves been made, and also prevention of any conflicts that may arise as a result of this invasion of such areas by third parties.” 178. The Court takes note of the countries in the region, such as Colombia, that have expressly recognized the obligation to free the land of encumbrances in their domestic law to ensure the use and enjoyment of collective property. Thus, in June 2013, the Constitutional Court of Colombia issued Judgment T-387/13, in which, based on some of the case law previously mentioned, 220 it determined that the State was bound to protect the collective territories and indicated that the right to collective property comprised the obligation to provide clear title and protect the land from the actions of third parties. 221 179. The Court has verified that international consensus exists on the inalienability and imprescriptibility of indigenous territories in order to protect the use and enjoyment of indigenous territory. Honduras and several other countries in the region have also legislation in this sense; for example, Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Honduras, Paraguay, Peru and Venezuela. 222 220 The Constitutional Court of Colombia in its Judgment T-387/13, pursuant to the case law of the Inter-American Court and the authorized interpretation made by the Inter-American Commission on Human Rights and the Committee for the Elimination of Racial Discrimination, indicated that: “(i) Possession is not necessary for the indigenous peoples to claim the delimitation and protection of their territory; (ii) indigenous peoples have the right to restitution of their territories when these have passed into the hands of third parties; (iii) the right to restitution subsists while the relationship that connects them to the territory subsists and/or until the de facto obstacles disappear, such as the violence that has prevented them from using their territories; (iv) it is necessary to consider whether the limitation to the right to property affects other rights. According to the standards of the Inter-American Court, to establish whether a limitation of the right to property is in keeping with the American Convention, it must meet the requirements of legality, necessity, proportionality and the achievement of a legitimate objective in a democratic society.” Available at: http://corteconstitucional.gov.co/relatoria/2013/T-387-13. 221 Cf. Constitutional Court of Colombia, Judgment T-38713, paras. 9, 10 and 11. 222 Cf. Honduras: Decree No. 82-2004, 2004 “Property Act,” available at: https://www.ccit.hn/wpcontent/uploads/2013/12/LEY-DE-PROPIEDAD.pdf; Argentina: 1853 Constitution of the Argentine Nation, art. 75.17, available at: http://www.senado.gov.ar/deInteres; 1994 Constitution of the province of Chaco, art. 37, available at: http://www.intertournet.com.ar/argentina/constitucion_chaco.htm; 1994 Constitution of the province of Chubut, article 34, available at: http://www.legischubut2.gov.ar/documentos/ Constitucion_provincial.pdf; 1986 Constitution of the province of Salta, article 15.I, available at: http://www.cmagistraturasalta.gov.ar/images/uploads/constitucion-provincial.pdf; No. 4086 of 1966 of the province of Salta, available at: http://digesto.diputadosalta.gob.ar/leyes/4086.pdf; 1957 Constitution of the province of Formosa, article 79, available at: http://mininterior.gov.ar/provincias/formosa/cp-formosa.pdf; Law 2727 (1989), of the province of Misiones, available at: http://www.diputadosmisiones.gov.ar/ digesto_juridico/documentos/218.pdf; Bolivia: New Political Constitution of the Plurinational State of Bolivia (2008), article 394.III, available at: http://www.harmonywithnatureun.org/content/documents/159Bolivia %20Consitucion.pdf; Law No. 1715 (1996), Law of the National Agrarian Reform Service, available at: http://bolivia.infoleyes.com/shownorm.php?id=1274; Brazil: 1988 Political Constitution of the Federative Republic of Brazil, article 231.4, available at: http://www.acnur.org/t3/fileadmin/scripts/doc.php?file =Pdf/0507; Chile: Law 19.253 (1993), which “[e]stablishes provisions for the protection, promotion and development of indigenous peoples and creates the national indigenous development corporation” (amended on March 25, 2014), available at: http://www.leychile.cl/Navegar?idNorma=30620; Colombia: 1991 53