Andrea Caligiuri

The Contributions of the Jurisprudence of the Inter-American Court of Human Rights to the Protection of Territorial Rights of Indigenous Peoples

  • Abstract

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Keywords: Indigenous Peoples; Ancestral Lands; Alternative Lands; Collective Property Rights; Territorial Delimitation and Demarcation; Indemnity.

This paper aims to analyze the protection of territorial rights of indigenous peoples under the American Convention of Human Rights, with due attention to the case "Kuna and Emberá". Indeed, in this case, the Inter-American Court of Human Rights stated, when it is impossible a restitution of ancestral lands, the indigenous peoples' property rights on 'alternative lands' surrounded by State obtain the same legal protection of 'ancestral lands' guaranteed by art. 21 of the American Convention, as interpreted by the Inter-American supervisory bodies.

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