54 190. Indigenous and tribal peoples have the right to the existence of effective and prompt mechanisms to protect, guarantee and promote their rights over their ancestral territories, through which the processes of recognition, titling, demarcation and delimitation of their territorial property can be carried out. 191. These procedures must comply with the rules of due process of law established in 184 Articles 8 and 25 of the American Convention. The Inter‐American Court has specified that due process must be followed both in the administrative procedures and in any other procedure whose decision may 185 affect a person’s rights. In light of this requirement, the inter-American system’s jurisprudence has identified a series of characteristics that these mechanisms must fulfill under Articles 8, 25, 1.1 and 2 of the American Convention. 192. These special mechanisms and procedures must be effective; their ineffectiveness violates Articles 1 and 2 of the American Convention on Human Rights. The Inter‐American Court has assessed, in light of the requirements of effectiveness and reasonable time established in Article 25 of the American Convention, whether States have procedures in place for granting title to property over lands, 186 and if so, whether they implement such procedures in practice; and it has explained that in order to comply with the conditions set forth in Article 25, it is insufficient for there to be legal provisions that recognize and protect indigenous property – it is necessary for there to exist specific and clearly regulated procedures for matters such as the granting of title over lands occupied by indigenous groups or their 187 demarcation, attending their specific traits, and for those procedures to be effective in practice so as to allow for the enjoyment of the right to territorial property – that is, that in addition to the formal existence of the procedures, these actually produce results or responses to the violations of the legally recognized 188 rights. Ineffectiveness of administrative or judicial procedures for territorial claims represents, in practice, a failure by the State to guarantee indigenous peoples’ property rights over their ancestral territories. The Inter-American Court has also required that administrative procedures for the restitution of indigenous communities’ lands be suitable and offer a real possibility for the members of indigenous and 189 tribal peoples to recover their traditional lands . In order to afford a real possibility of protection of territorial rights, States “must ensure that such proceedings are accessible and simple and that the agencies responsible for them have the technical and material conditions necessary to respond promptly 190 to applications and requests submitted in the course of such proceedings.” 184 Corte IDH. Caso Comunidad Indígena Sawhoyamaxa Vs. Paraguay. Fondo, Reparaciones y Costas. Sentencia de 29 de marzo de 2006. Serie C No. 146, párrs. 81, 82. 185 I/A Court H.R., Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of June 17, 2005. Series C No. 125, par. 62. I/A Court H.R., Case of Baena Ricardo et al. v. Panama. Merits, Reparations and Costs. Judgment of February 2, 2001. Series C No. 72, par. 127. I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146, pars. 82, 83. 186 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. 115. 187 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, pars. 122, 123. 188 Corte IDH. Caso de la Comunidad Indígena Xákmok Kásek Vs. Paraguay. Fondo, Reparaciones y Costas. Sentencia de 24 de agosto de 2010, Serie C No. 214, párr. 140. 189 Corte IDH. Caso Comunidad Indígena Sawhoyamaxa Vs. Paraguay. Fondo, Reparaciones y Costas. Sentencia de 29 de marzo de 2006. Serie C No. 146, párr. 108. 190 CIDH, Acceso a la Justicia e Inclusión Social: El camino hacia el fortalecimiento de la Democracia en Bolivia. Doc. OEA/Ser.L/V/II, Doc. 34, 28 de junio de 2007, párr. 242. Ver también: Corte IDH. Caso Comunidad Indígena Sawhoyamaxa Vs. Paraguay. Fondo, Reparaciones y Costas. Sentencia de 29 de marzo de 2006. Serie C No. 146, párr. 109. In the Court’s terms, by virtue of Article 2 of the American Convention on Human Rights, “it is necessary to establish appropriate procedures in the framework of the domestic legal system to process the land claims of the indigenous peoples involved. The States must establish said procedures to resolve those claims in such a manner that these peoples have a real opportunity to recover their lands. For this, the general obligation to respect rights set forth in Article 1(1) of said treaty places the States under the obligation to ensure that said procedures are accessible and simple and that the bodies in charge of them have the necessary technical and material conditions to provide a timely response to the requests made in the framework of said procedures.” [Corte IDH. Caso Comunidad Indígena Yakye Axa Vs. Paraguay. Fondo, Reparaciones y Costas. Sentencia 17 de junio de 2005. Serie C No. 125, párr. 102]