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2004: Cine, Felanuma et al. v. State of Esmeralda Bench Memorandum

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Chapter Summary

The Numa are an indigenous people who have lived from earliest times in the Transmontane area of the Santa Ana River basin in present-day Esmeralda. First, indigenous peoples have a right to recognition of their communal and other traditional land tenure forms. Second, in view of the dependence of indigenous peoples on a healthy environment for their survival , they have specially recognized rights as regards development in their territory.Third, in recognition of their unique connection to the land, they have a right of return to lands traditionally occupied if removed there from. The promotion and protection of the human rights of indigenous peoples is identified as key to promoting democracy in the Inter-American Democratic Charter. Preservation of and respect for the culture and customs of indigenous populations is mandated in ILO C169.

Keywords: Democratic Charter; indigenous; Inter-American; Numa; Santa Ana River; Winning Memorial



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