Convention, the IACHR also takes into account Convention No. 169 in its analysis of this case. With regard to the right to property, Convention 169 Article 14.1 states: The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognized. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. 72. From the proven facts in the present case, the Commission notes that although it has recognized that the 19888 Constitution implied, in general terms, an step forward with respect to the integrationist perspective of the Indian Statute of 1973, it also notes that regarding the right to property of indigenous lands the Federal Constitution establishes that "they are properties of the Union"(Article 20, paragraph XI). Additionally, as described in the section on proven facts, the IACHR notes that Article 231 of the CF of 1988 and its paragraphs confer the right to property to the State and grant indigenous peoples the “permanent possession" of the lands traditionally occupied by them and the exclusive use of its existing resources. That is, the Brazilian legislation, particularly the Federal Constitution provides that the right to property of indigenous lands is vested in the State, i.e. the "Union". Indeed, in this case, the title issued and registered on November 18, 2005 regarding the " Xucuru Indigenous Land " indicates that the corresponding 27055.05883 acre property has as its "Owner: Federal Union" 79. However, the IACHR notes that the petitioners did not present allegations with regard to the scope and nature of the title itself, but their arguments were focused in the delay in the recognition and the lack of effective restitution. Therefore, the Commission will decide these two aspects which have been the subject of the debate between de parties. 73. The Commission notes the 16-year time elapsed from the start of the administrative process to the effective recognition. While this topic will be discussed in detail in the section on the right to a fair trial and judicial protection, the fact that the Xucuru indigenous people received recognition only in 2005 after starting the process in 1989 is, on its turn, a violation of the right to collective property. 2.2 In regard to the lack of full removal of non-indigenous occupants from the territory 74. In addition to the delay in the recognition of the Xucuru indigenous people ancestral lands, in the present case is also discussed the State’s obligation guarantee the peaceful possession of the Xucuru indigenous territory through the removal of non-indigenous occupants from the territory (desintrusão) and the effective protection of the territory against third parties. 75. The IACHR has stated that ensuring the effective enjoyment of the territorial property by indigenous people is one of the ultimate objectives of the legal protection of this right. States are required to adopt special measures to ensure the effective enjoyment of the right to territorial property by indigenous people80. 76. In this regard, the IACHR has emphasized that "the demarcation and legal recording of the indigenous lands is in fact only the first step in its establishment and real defense", since in practice the property and effective possession are continually threatened, usurped or reduced by different actions of fact or law81. 77. The Commission has also pointed that indigenous and tribal people have right to be protected from conflicts with third parties for land, through the prompt granting of a property title, and the Annex 4. Certificate of 1st Registration of Properties Pesqueira-PE, dated November 11, 2005 (Annex 2 of the Communication of the State of September 6, 2010). 80 IACHR, INDIGENOUS AND TRIBAL PEOPLES’ RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES: Norms and Jurisprudence of the Inter‐American Human Rights System. OEA/Ser.L/V/II. Doc. 56/09 30 December 2009, par. 86. 79 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. Doc. OEA/Ser.L/V/II.97, Doc. 29 rev. 1, september 29, 1997, par. 33. 81 19