customary land tenure

- The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or need. Moore, Jina. (2006). In most communities, these items have a simple decoration in a colorful thread used to sew the hems and folds. The Jesuits previously ministered to the Tepehuan in central and southern Durango. - Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case beyond three (3) years after its creation, the NCIP is hereby authorized to request the Department of Environment and Natural Resources (DENR) survey teams as well as other equally capable private survey teams, through a Memorandum of Agreement (MOA), to delineate ancestral domain perimeters. - This Act will not in any manner adversely affect the rights and benefits of the ICCs/IPs under other conventions, recommendations, international treaties, national laws, awards, customs and agreements. Article 160 of the Federal Constitution declares that custom has the force of law. Overseas Development Institute. Copyhold was directly descended from the feudal system of villeinage which involved giving service and produce to the local lord in return for land. The ideal model of patrilocality, however, is often modified by the acquisition of land from another part of the ejido or from the parents of the girl. Crafts and industry include basket and mat weaving and the making of rope and hats. - all department and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. TABLE OF CONTENTS. [10] Although the Spanish were well received by the natives, the Spanish sought enrichment and power. Although some pottery is still made, it is, for the most part, strictly functional and undecorated, and weaving has all but vanished. The average elevation is around 2,350 meters, but widely varying elevations make for a craggy terrain that is strikingly harsh and isolating. There is a need for complimentary approaches in land administration. Caralee McLiesh and Richard E. Messick, Moderators. Crown land may also be rented by individuals wishing to build homes or cottages. They entered the northern territory in 1610 and began congregating the Tepehuan into mission towns, and, by 1708, had established missions at Baborigame, Nabogame, and Guadalupe y Calvo. In Canada, the Crown cannot extinguish aboriginal title without the explicit prior informed consent of the proper aboriginal title holders. Land tenure is an institution, and the rules governing land tenure were invented by societies to regulate behavior. Australia did not experience native title litigation until the 1970s, when Indigenous Australians (both Aboriginal and Torres Strait Islander people) became more politically active, after being included in the Australian citizenry as a result of the 1967 referendum. Section 57. [118], Taiwanese indigenous peoples are Austronesian peoples, making up a little over 2% of Taiwan's population; the rest of the population is composed of ethnic Chinese who colonised the island from the 17th century onward. A dibble stick is a sharpened pole used to punch a hole in the plowed earth or a slashand-burn plot for planting seeds. Tepehun mother, father and child from Durango. Section 76. Section 70. Apellido groups may be the remaining shells of nonlocalized patrilineal clans of antiquity. a right to use, although in practice this may mean anything from a right to use land for specific, enumerated purposes, or a general right to use which approximates fee simple. land revenue in the Province of [2] [the Punjab].. Preamble. WHEREAS it is expedient to consolidate and amend the law relating to the making and maintenance of records-of-rights, the assessment and collection of land-revenue, the The Tepehuan of Chihuahua are the northern descendants of an aboriginal group whose broad territory ranged from north of the Ro Verde in Chihuahua southward through Durango into the contemporary states of Nayarit and Jalisco. The Tepehuanes made it offerings of arrows, clay pots, animal bones, fruits, and flowers. 3.1) and land in a customary area, held under customary tenure before the commencement of the Lands Act 1995, continues to be so held and recognized (Lands Act, 1995, Part II section 7). Eventually the nobility controlled most of the Crown lands. Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. ", Hill, R. "Politicising the past: Indigenous scholarship and crownMaori reparations processes in New Zealand. Identification, Delineation and Certification of Ancestral Lands. Over the years this Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development. Comunidades are an older type of communal organization found in both Durango and Chihuahua. - In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined: Provided, further, That should their ancestral domain cease to exist and normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled: Provided, furthermore, That basic services and livelihood shall be provided to them to ensure that their needs are adequately addressed: e. Right to Regulate Entry of Migrants. Kamehameha III and his successors made these lands their private property, selling, leasing or mortgaging at their enjoyment. 1993. Most all newly independent countries of Eastern and Central Europe implemented land reforms in the aftermath of World War I. For the most part, the division of labor by gender falls along the same lines as that of the Northern Tepehuan. CHAPTER 2 Citizenship and Franchise. [132] Early state court decisions also presumed the existence of some form of aboriginal title. From this outpost, the subjugation of the northern territory continued over the next century. By early 1621, pacification was well enough under way to allow the Spanish appointment of forty-six Tepehuan political officers to govern the Indian communities. f) Customary Laws - refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective ICCs/IPs; g) Free and Prior Informed Consent - as used in this Act shall mean the consensus of all members of the ICCs/IPs to; be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language an process understandable to the community; h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos. [5], Nonetheless, any revision or reform of a country's land laws can still be an intensely political process, as reforming land policies serves to change relationships within and between communities, as well as between communities and the state. In Britain, the hereditary revenues of Crown lands provided income for the monarch until the start of the reign of George III, when the profits from the Crown Estate were surrendered to the Parliament of Great Britain in return for a fixed civil list payment. 108 of 1996], G 17678, 18 December 1996. q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns. 291. As in the case of the Tepehuan of Chihuahua, narrow-sighted suppositions of assimilation and acculturation often led early researchers to write them out of the ethnographic present and wrongly to assume that a viable Tepehuan culture no longer existed in Durango. It was five palmos (seventeen feet) tall and consisted of a human head resting on a stone pillar or column. Aboriginal title was first acknowledged in the early 19th century, in decisions in which indigenous peoples were not a party. The NCIP shall take appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided, That such procedure shall ensure that the rights of possessors in good faith shall be respected: Provided, further, That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided, finally, That the action for reconveyance shall be a period of ten (10) years in accordance with existing laws. Although the etymology of the name "Tepehuan" is still a matter of contention, the word almost certainly stems from tepetl, the Nahuatl word for "mountain." In the 10th and 11th centuries, the first Capetianswhile being rulers of Francewere among the least powerful of the great feudal lords of France in terms of territory possessed. Tepehun Indians During The Chichimeca War, Schmal, John P. The History of Indigenous Durango., Reff, Daniel T . Section 29. Maize fields are cultivated separately from garden plots dedicated to the other vegetables. CHAPTER VII [8] The Acaxee and Xixime were the first to have this new Spanish policy applied to them and the Tepehun would be next. Even in places like San Francisco de Ocotn, it is customary to tack pants, various multicolor tissues headbands, from the hem to the knee. The comunidad is an older, indigenous form, in which land is held patrilineally and inherited by sons or widows. Soon, Santa Barbara, with 7,000 inhabitants, became the largest town in the province of Nueva Vizcaya, even larger than the city of Durango, to the south. In some communities he is also in charge of the xiotahl ritual (see "Religion and Expressive Culture"), judges minor cases of crime and family disputes, and imposes punishment as necessary. The Northern Tepehuan refer to themselves as "dami." This heritage and the natural resources that it contains are developed to contribute to the socioeconomic development of all regions of Quebec. This page was last edited on 28 September 2022, at 11:54. The Tepehun languages, which include the Northern Tepehuan, Southeastern Tepehuan, and Southwestern Tepehuan languages, are part of the Uto-Aztecan language family and are related to the Pima Bajo and Tohono O'odham.[2]. Residential units found within ejidos and comunidades include towns and rancheras. (2004). A Supreme Council of the Tepehuan has been created to provide a single voice for the whole of the Southern Tepehuan, but it seems to have little authority. CHAPTER 4 Parliament. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and reasonable remuneration; and. In the province of Alberta, Crown land, also called public land,[9] is territory registered in the name of "His Majesty the King in right of Alberta as Represented by [specific Minister of the Crown]" and remains under the administration of the mentioned minister until the land is sold or transferred via legislation,[11] such as an order in council. They live in groups of small named settlements, called rancheras, surrounding pueblos, or small towns that act as social and political centers. Women. Today, in Commonwealth realms such as Canada and Australia, crown land is considered public land and is apart from the monarch's MERGER OF THE OFFICE FOR NORTHERN CULTURAL COMMUNITIES (ONCC) AND THE OFFICE FOR SOUTHERN CULTURAL COMMUNITIES (OSCC). Presented at the Annual Meeting of the Midwest Political Science Association. The festivities are lively affairs with much dancing, the placing of offerings of food in front of a cross, and an ample supply of tesguino, an alcoholic beverage of fermented maize sprouts. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators; b) Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots; c) Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law; d) Certificate of Ancestral Lands Title - refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands; e) Communal Claims - refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory. 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