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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 non-indigenous 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 non-indigenous communities.
Humberto Antonio Sierra Porto
Judge
Pablo Saavedra Alessandri
Secretary
55
Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 159.