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A fundamental theme in the definition of indigenous peoples is how they relate to the
land.
All anthropological, ethnographic studies, all documentation which the
indigenous peoples themselves have presented in recent years, demonstrate that the
relationship between indigenous peoples and the land is an essential tie which
provides and maintains the cultural identity of those peoples. One must understand
that the land is not a mere instrument of agricultural production, but part of a
geographic and social, symbolic and religious space, with which the history and
current dynamics of those peoples are linked.
Most indigenous peoples in Latin America are peoples whose essence derives from
their relationship to the land, whether as farmers, hunters, gatherers, fishermen, etc.
The tie to the land is essential for their self-identification. Physical health, mental
health, and social health of indigenous peoples is linked to the concept of the land.
Traditionally, indigenous communities and peoples of the various countries of Latin
America have had a communal concept of the land and of its resources.
In lowlands, indigenous peoples have traditionally practiced shifting subsistence
agriculture, especially in tropical forests.
They often combine this shifting
subsistence agriculture with other activities which require an economic space
relatively larger than the specifically agricultural plot. The space in which the
indigenous population moves, sometimes almost as semi-nomadic groups, is a
collective space. The local authorities in each community have their own
mechanisms, customs and habits, customary law to distribute egalitarian access
among the household communities. According to technology, productivity, ecological
sustainability and productive capacity, this rotation can take years, since as a
community moves it occupies other spaces before returning to the original place.
This happens a lot in the lowland areas, and is very different from the densely settled
highlands. Nicaragua’s indigenous communities follow the lowland model.
There are two concepts of collective land: the territory, generally, which the
community considers common, although internally there are mechanisms to allocate
temporary occupation and use by its members and which does not allow alienation to
persons who are not members of the community; and the areas which are only used
collectively, the “commons” which are not divided into plots. Almost all indigenous
communities have a part used collectively as “commons”, and then another part
which can be divided and allocated to families or domestic units. Nevertheless, the
concept of collective property remains, even if it is disputed by others, often the
State itself, when there is no title. When there are problems, the need for property
titles arises because the community risks losing everything. The history of Latin
America has been one of almost constant dispossession of indigenous communities
by external interests.
There are pressures for those having usufruct or occupation rights within the
communities to obtain a deed title to those plots in one way or another, but when
the State recognizes it as private property, it can be sold or rented, and this breaks
with the tradition of the community.
The history of the practice and of the policies of the States in Latin America, as
regards the indigenous peoples, is a protracted and dramatic one. Before conquest
and colonization and before the creation of the national States, the indigenous
peoples and their lands were a whole, a unique whole. The National State was
superimposed on this, and in most countries it takes over property rights to land
which in terms of ancestral rights belonged, and still belongs, to the indigenous
peoples. In the 19th and 20th centuries, the States declared large geographical