Download Spc Issue 3 - Carlucci American International School of Lisbon

Page 1 of 3
ISSUE: 3
QUESTION OF: Guaranteeing the right to land and establishing regulations to
prevent fraudulent land allocation
CO-SUBMITTERS: Republic of Turkey, Republic of Sierra Leone, Brazil,
Kingdom of Morocco, The Arab Republic of Egypt, Guatemala, Kingdom of
Cambodia, Lebanon, Palestine and Sao Tomé e Principe
The Special Conference,
Affirming the Declaration on the Rights of Indigenous Peoples in order to create a
context of basic principles including their survival, dignity, and rights,
Deeply concerned that 350 million indigenous people are losing right and control over
lands while we have a substantial global growth in the interest of exploiting natural
resources and therefore the land where they are acquired, placing unparalleled tension
over the fair partition of land,
Fully aware that climate change is a major issue that affects the lands of indigenous
people and they have been forced to adapt to these changes in their environment,
Bearing in mind that the increased mining of natural resources may lead to the
extraction of these materials in indigenous people’s lands,
Convinced that the United Nations (UN) Declaration on the Rights of Indigenous
Peoples may aid these people to adapt to the effects of climate change in their own
territories,
Taking in consideration the Inter-American Commission on Human Rights issued
Precautionary Measures in favour of the 14 Q´eqchi´ indigenous communities of
Panzos, which urged the state of Guatemala to protect the life and physical integrity
and offer humanitarian assistance, including food and shelter, to those community
members who are displaced,
Further recalling that we have an increasing demand of land to meet a growing
worldwide demand for food and livestock and to develop carbon-trading mechanisms,
Expressing its satisfaction that UN advisory bodies, such as the UN Permanent Forum
on Indigenous Issues that advises the Economic and Social Council, with an
authorization to debate indigenous matters regarding economic and social
development, culture, the environment, education, health and human rights are active,
Noting with satisfaction at the International Land Coalition’s Land Reporting
Initiative (LRI) program attempting to create public awareness and the development
of laws to provide land to vulnerable groups, as well as LRI’s increasing influence in
controlling land allocation in Asia and South America,
Recognizing that the introduction of a rightful legal system for property is vital to
ensure property rights in unstable areas,
Aware that an estimated four billion people continue omitted from the rule of law to
implement their property rights,
Page 2 of 3
ISSUE: 3
QUESTION OF: Guaranteeing the right to land and establishing regulations to
prevent fraudulent land allocation
CO-SUBMITTERS: Republic of Turkey, Republic of Sierra Leone, Brazil,
Kingdom of Morocco, The Arab Republic of Egypt, Guatemala, Kingdom of
Cambodia, Lebanon, Palestine and Sao Tomé e Principe
Having examined that the maintaining of natural resources in climate change affected
lands and the governance of territories in unstable areas is vital for development,
Recognizing that the United Nations Convention to Combat Desertification is an
essential branch of the UN to maintain the efficiency of dry lands and improve the
living standards in these territories,
Keeping in mind the conflict with conventional property rights as recognized by the
forest inhabitants and central governments due to the absence of citizenship
identification,
Noting with deep concern that land is not equally distributed between genders and is
restricted to women by unjust regulations that do not respect their rights as shown by
the fact that in Latin America only 11-27% of land is owned by women and in
Uganda only 5% is owned by women according to the International Land Coalition
(ILC),
Acknowledging the importance of the United Nations (UN) Voluntary Fund for
Indigenous People adopted in General Assembly resolution 40/131 and further
expanded in resolutions: 54/140, 63/161 and 65/198 that has the purpose to help
representatives of indigenous communities and organizations by assisting them with
governmental, non-governmental organizations (NGO) and other public or private
bodies financial aid and granting the opportunity for these representatives to attend, as
observers to Permanent Forum in Indigenous Issues and sessions of the Human Rights
Council,
1. Calls upon all member states and organizations to implement regulated laws,
which improve or create a legal system for property to avoid corrupt land
allocation and secure the right to land for unprivileged people;
2. Requests all member states to establish a governmental agency which will
provide legal aid to the indigenous peoples in order to protect their rights to
their lands;
3. Urges nation states to supervise the exploitation of natural resources within
their own boundaries in rural and unstable territories to protect the indigenous
people’s lands by measures which include:
a. the implementation of internal laws to protect the extraction of natural
resources from international enterprises;
b. the introduction of government inspectors, which supervise the
protection of those lands rich in natural resources;
4. Asks governments to implement domestic legislation that clearly provides for
punishment including sentences to jail and fines for those who commit land
fraud;
5. Strongly affirms that IACHR (Inter American Court of Human right) States
are bound to adopt measures to guarantee and give legal certainty to
indigenous and tribal peoples’ rights in relation to ownership of their property;
Page 3 of 3
ISSUE: 3
QUESTION OF: Guaranteeing the right to land and establishing regulations to
prevent fraudulent land allocation
CO-SUBMITTERS: Republic of Turkey, Republic of Sierra Leone, Brazil,
Kingdom of Morocco, The Arab Republic of Egypt, Guatemala, Kingdom of
Cambodia, Lebanon, Palestine and Sao Tomé e Principe
6. Congratulates the United Nations Convention to Combat Desertification for its
efforts in improving livings standards in dry lands;
7. Suggests that the Government shall adopt or promote measures to regularize
the legal situation with regard to the communal possession of lands by
communities which do not have the title deeds to those lands, including
measures to award title to municipal or national lands with a clear communal
tradition, through sure measures as the creation of an inventory of the land
tenure situation to be drawn up in each municipality;
8. Asks nation-states, non-governmental organizations, and other UN
environmental branches to extend their efforts to improve the survival in rural
lands;
9. Further requests private owners supplying agro fuel to companies around the
world to replace crops for industries that can help the human development in
the areas they are destroying;
10. Proposes to all member states and non-governmental organizations the
provision of economic aid for the United Nations Voluntary Fund for
Indigenous People, thus contributing in the aid of these peoples by supporting
their representatives;
11. Further suggests the implementation of UN Environmental inspectors to
supervise climate change and environmental effects in affected lands and
present measures to central governments to protect lands within their borders;
12. Further urges all member states to prevent needless destruction of green areas
as part of methods to develop carbon trading mechanisms;
13. Promotes gender impartiality and fairness in control over land and condemns
laws that limit women’s access to land between all member states;
14. Encourages all countries enact legislation to protect indigenous people’s land
rights from exploitation or fraud by those who plan to grab their land to
produce food due to increasing demand for basic food crops and livestock;
15. Further suggests governments create a domestic data base on which all land
claims and deeds are registered, which can be accessible through police
database, such as the INTERPOL;
16. Encourages all member states to endorse citizen identification for habitants in
rural and unstable lands to avoid property right conflicts with local authorities;
17. Decides to remain actively seized on the issue.