49
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cultures, their spiritual life, their integrity, and their economic survival.” For the IACHR, “the use and
enjoyment of the land and its resources are integral components of the physical and cultural survival of
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the indigenous communities and the effective realization of their human rights more broadly.”
173.
The right to territory also encompasses the use and enjoyment of its natural resources,
and is directly related, even a pre-requisite to, enjoyment of the rights to an existence under conditions of
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dignity, and to food, water, health and life; therefore, “[each community’s] relations to its land and
resources are protected by other rights set forth in the American Convention, such as the right to life,
honor, and dignity, freedom of conscience and religion, freedom of association, rights of the family, and
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freedom of movement and residence.” It must be noted that the life of members of indigenous and tribal
communities “fundamentally depends” on the subsistence activities – agriculture, hunting, fishing,
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gathering ‐ that they carry out in their territories. As explained by the IACHR, “continued utilization of
traditional collective systems for the control and use of territory are in many instances essential to the
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individual and collective well-being, and indeed the survival of, indigenous peoples.” Control of the land
“refers both its capacity for providing the resources which sustain life, and to the geographic space
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necessary for the cultural and social reproduction of the group” .
174.
As for the socio-cultural dimension of this relationship, it has been pointed out that the
close relationship between indigenous and tribal peoples and their traditional territories and natural
resources is a constitutive element of their culture, understood as a particular way of life; the free exercise
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of the right to territorial property is essential for the enjoyment and perpetuation of their culture. Their
notions of family and religion are intimately connected to the traditional territory, where ancestral
cemeteries, places of religious meaning and importance, and kinship patterns are linked to the occupation
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and use of physical territories.
Therefore, since territory and natural resources are constitutive
elements of the worldview, spiritual life and mode of subsistence of indigenous and tribal peoples, they
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form an intrinsic part of their members’ right to cultural identity. Recognition of ancestral lands and
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territories is fundamental for the perpetuation of indigenous and tribal peoples’ cultural structure.
Indigenous and tribal peoples are entitled to have the State effectively guarantee their right to their
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cultural identity. If the State fails to secure the right to territorial property of indigenous communities and
their members, they are deprived “not only of material possession of their territory but also of the basic
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I/A Court H.R., Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, Reparations and Costs.
Judgment of January 31, 2001. Series C No. 79, par. 149
158
IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12,
2004, par. 114.
159
IACHR, Democracy and Human Rights in Venezuela. Doc. OEA/Ser.L/V/II. Doc. 54, 30 December 2009, pars. 1076-
1080.
160
IACHR, ”Indigenous and tribal peoples’ rights over their ancestral lands and natural resources – Norms and
Jurisprudence of the Inter-American Human Rights System”, 2010.
161
IACHR, ”Indigenous and tribal peoples’ rights over their ancestral lands and natural resources – Norms and
Jurisprudence of the Inter-American Human Rights System”, 2010.
162
IACHR, Report No. 75/02, Case 11.140, Mary and Carrie Dann (United States), December 27, 2002, par. 128.
163
IACHR, Report No. 75/02, Case 11.140, Mary and Carrie Dann (United States), December 27, 2002, par. 128.
164
IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12,
2004, par. 155.
165
IACHR, Report No. 40/04, Case 12.053, Maya Indigenous Communities of the Toledo District (Belize), October 12,
2004, par. 155. Á
166
IACHR, Democracy and Human Rights in Venezuela. Doc. OEA/Ser.L/V/II. Doc. 54, 30 December 2009, par. 1054.
167
IACHR, Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia. Doc.
OEA/Ser.L/V/II, Doc. 34, June 28, 2007, par. 297, Recommendation 3.
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IACHR, ”Indigenous and tribal peoples’ rights over their ancestral lands and natural resources – Norms and
Jurisprudence of the Inter-American Human Rights System”, 2010.