As a result of the Indigenous Peoples’ struggles for the recognition and protection of their human rights, the regional Inter-American Court of Human Rights (the Court, or I-ACtHR) has recognized their right to consultation and participation in all matters that could directly affect them, particularly in regard to the recognition of communal property rights over their ancestral lands and natural resources that they have traditionally used. The Court has in- terpreted the scope of these rights in a broad manner, including the protection of the right of members of indigenous communities to enjoy their own culture and traditional practices as different peoples. In the Case of the Mayagna (Sumo) Awas Tingni Community,1 the Court recognized, for the first time, the right to communal property over indigenous peoples’ traditional lands, as protected under Article 21 (Right to Property) of the American Convention on Human Rights (American Convention or ACHR). After this initial development, the jurisprudence of the Court further expanded the scope of protection of Article 21 ACHR to include the right to own the ancestral lands and natural resources that they have traditionally used within their territory.
