Keywords
property
indigenous peoples
positive discrimination
resettlement
historical debt
indigenous policy
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Abstract
This work analyzes the way in which indigenous lands are treated inlegislation and its critical role in the state’s regulatory scheme towards indigenous peoples. The article scrutinizes the paradigm according to which land constitute the main pillar of indigenous identity, as well as the regulatory and policy implications of the state’s duties of protection and restitution of indigenous lands that result from said paradigm. The article argues that even though land does have a fundamental role in indigenous identity, regulations and policies that focus almost exclusively on land must be carefully examined, as there are other elements critical to the preservation of indigenous identities, such as language.