C. The administrative process of recognition, demarcation and titling of the Xucuru indigenous territory 45. In general, both parties described the administrative process of demarcation of the Xucuru indigenous territory in similar terms. Therefore, it is not disputed that such process began in 1989 with the decision to create a Technical Group for the identification and demarcation of the territory, and that the registration of the "Xucuru Indigenous Land" took place in 2005, more the 16 years later. Nor is it disputed that the removal of non-indigenous occupants from the Xucuru indigenous territory has not been fully completed. For its part, the State has recognized that approximately 50 non-indigenous settlers remain in the Xucuru territory, which have not been removed as a result of gaps in their documentation or due to legal actions awaiting a final decision. Brazil has emphasized, however, that non-indigenous occupants have been removed from more than 90% of the Xucuru indigenous territory to date 31. The petitioners, similarly, have highlighted that the removal of non-indigenous occupants from the Xukuru indigenous territory has not been completed to date32. The Commission has no exact information on how many non-indigenous people remain to date in the ancestral territory of the Xucuru. However, as noted, both sides agree that the removal process has not been completed. 46. In this regard, the Commission notes that the parties have not submitted copies of the administrative process of demarcation, or of the legal proceedings relating to the recognition, demarcation and titling of the Xucuru indigenous territory. Nevertheless, considering that there is no crucial controversy over those facts33, the Commission proceeds to describe the afore-mentioned administrative process with as much details as possible, based on the information available on the file 47. The administrative demarcation process was formally launched in March 1989, through Portaria no. 218/FUNAI/89 of the FUNAI, which led to the creation of the Technical Group for the identification and delimitation of indigenous territory, as set out in the Decree No. 94 945 of September 23, 198734. According to the legislation then in force, FUNAI should propose the demarcation of the area, based on the study of the Technical Group (paragraph 4 of Article 2 of Decree No. 94.945) 35. The Technical Group issued an Identification Report on September 6, 1989, in which it is stated that the Xucuru were entitled to an area of 26,980 hectares36. 48. In 1992, already under the effect of Decree No. 22 of 4 February 1991, the Identification and Delimitation Report of the Technical Group was approved by the President of FUNAI, published in the Official Gazette of the Union and submitted to the Minister of Justice to decide on the approval process, as set out in paragraphs 7 and 8 of article 2 of Decree No. 22 37. Then, on May 28 or 29, 1992, the Minister of Justice also approved the process, declared the boundaries of the indigenous land and determined its demarcation through Portaria n ° 259/MJ/92, in accordance with the provisions of Paragraph 9 of Article 2 of Decree No. 2238. See Communication from the State of June 3, 2011, par. 11 and Communication of the State of September 6, 2010, par. 17. The IACHR takes note that the State has not submitted up to date information on the merits of the case since March 2011. 32 See Communication from the petitioners of March 21, 2011; and communication from the Petitioners of November 24, 2010. The IACHR takes note that the petitioners have not submitted up to date information on the merits of the case since March 2011. 33 See the description made in : Brief of additional observations on the merits presented by the petitioners on March 31, 2010; and brief with additional observations on the merits presented by the State on September 20, 2010. 34 Annex 1. Relevant legislation. Regarding this early stage, Decree n. 94 945 stated that "the demarcation of lands occupied or inhabited by indigenous, to which Article 17, paragraph I, of Law No. 6,001, of December 19, 1973, will be preceded by the recognition and delineation of the areas ". Also stated, "the technical group will proceed to the analysis and studies on the identification and delimitation of the respective lands under the coordination of the National Indigenous Foundation - FUNAI". 35 Annex 1. Relevant legislation. Decree n. 94 945 Article 2, paragraph 4 36 Annex 1. Relevant legislation. According to Article 3 of Decree n. 94 945, "FUNAI's proposal should be examined by an Inter-ministerial Group, which will draw a conclusive opinion, and will be subjected to consideration of the Ministers of Interior, Agrarian Reform and Development and, in the case of land border, also the Secretary -General of the National Security Council. " 37 Annex 1. Relevant legislation. Decree n. 22, Article 2, paragraphs 7 and 8. 38 Annex 1. Relevant legislation. Decree n. 22 Article 2, paragraph 9. To this end, "the work of identification and demarcation of indigenous lands previously made could be used by FUNAI, whenever compatible with the principles of the new decree and with the consent of the indigenous people in question (Article 3 Decree n. 22). 31 11