Bibliographic citations
Lapoint, A., (2023). Informe jurídico sobre la Sentencia del Tribunal Constitucional recaída en el Expediente N° 03696- 2017-PA/TC [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/25484
Lapoint, A., Informe jurídico sobre la Sentencia del Tribunal Constitucional recaída en el Expediente N° 03696- 2017-PA/TC []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/25484
@misc{renati/534279,
title = "Informe jurídico sobre la Sentencia del Tribunal Constitucional recaída en el Expediente N° 03696- 2017-PA/TC",
author = "Lapoint Castillo, Andrea",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
This legal report analyzes the structural situation of the territorial dispossession of the Native Community of Santa Clara de Uchunya through the violation of their fundamental rights to property and use of natural resources. This is a constitutional amparo process brought by the Native Community where it will be determined if, indeed, these rights have been violated. Similarly, the ancestral territory in question has been disposed of to third parties outside the Native Community of Santa Clara de Uchunya. Apart from that, this disposition of their territory has caused great depredation and degradation of their forests, which is why community members have had to move to other areas to be able to enjoy and take advantage of other natural resources. Likewise, the legal report emphasizes the guarantees of the right to property of indigenous peoples developed in international standards through the jurisprudence of the Inter-American Court of Human Rights. In this sense, the constitutionally protected content of the right to property of indigenous peoples in Peru is delimited. In this way it will be possible to determine if the right to property of indigenous peoples guarantees the expansion of territorial title requested by the Community of Santa Clara de Uchunya and if this right includes the nullity of acts granted to third parties outside the Community, such as certificates possession and title deeds. To establish the results of the legal report, it is necessary to know and distinguish concepts such as indigenous peoples, land, territory, control of conventionality, control of constitutionality. These definitions will facilitate the analysis of the specific case. In short, the ruling of the Constitutional Court in Plenary Session 22/2022 gravely violates the rights of the Santa Clara de Uchunya Native Community, since the constitutional amparo process is the ideal way to guarantee and protect the rights of the Native Community. For this, it must be taken into account that currently community members continue to experience threats, intimidation and criminalization for seeking to defend their rights. For this reason, without enjoying the recognition of expansion of the territory of the Native Community of Santa Clara de Uchunya, they do not have adequate protection not only of their lands but also other rights such as subsistence, the enjoyment of a healthy and balanced environment and the use of natural resources. For this reason, it is important that the State assume a clear political will and place the problem of recognition of the lands of indigenous peoples on its current agenda. Addressing the issue of land titling as a national issue would not only promote the well-being of native communities, but also the country and its forests.
This item is licensed under a Creative Commons License