15
65. In this sense, problems of delimitation, demarcation, titling, and “remediation” of
lands inhabited by indigenous or tribal communities and third parties should not be
understood as merely legal problems, but as expressions of more complex situations,
such as the cohabiting of different ethnic groups in many of the region’s countries. In
this sense, the Court has previously stated that the right of indigenous peoples to a
cultural identity must be assured in a multicultural, pluralistic, and democratic society. 55
66. The foregoing also means that the solution to this type of problems must be handled
by States in a comprehensive manner, not only as a legal matter.
67. It can be concluded from the facts of this case that the problems and conflicts
regarding the right to property and use of the Community’s traditional territory are only
one of the aspects of the situation that exists in the region. It seems that the underlying
issue in these conflicts is an absence of public policies -or lack of their consistent and
adequate implementation- in matters of registration, redistribution of lands, education,
creation of spaces for the integration and dialogue between indigenous and nonindigenous communities.
68. To find solutions to these conflicts it is necessary to define comprehensive public
policies and cohabiting strategies that go beyond the delimitation and demarcation of
plots of land and are addressed at avoiding permanent situations of conflict. The help of
different experts including, among others, sociologists and social workers, is necessary.
Understanding that the rights of indigenous and tribal peoples cannot be understood as
privileges over the rights of the rest of the population, the States must diffuse and
implement the policies addressed at avoiding situations of inequality, thus guaranteeing
the effective enjoyment of the rights of all citizens, both of indigenous and nonindigenous communities.
Humberto Antonio Sierra Porto
Judge
Pablo Saavedra Alessandri
Secretary
55
Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 159.