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    “Transfer of use rights” as a mechanism for the territorial dispossession of native communities in Peru
    (CIDOB (Barcelona centre for international affairs), 2022-01-01)
    This paper analyses the Peruvian institutional scaffolding that favours mechanisms for dispossessing land from indigenous peoples in Peru, despite their protection by regulations that recognise them as such and their constitutional status, which imposes binding obligations. International human rights protection standards are therefore violated, along with the International Labour Organization's Convention 169 and the jurisprudence of the Inter-American Court of Human Rights (IACHR). It is therefore noteworthy that the Peruvian State has approved the titling of indigenous peoples' lands that are suitable for forestry “Transfer of use rights" - the main mechanism of dispossession affecting the ancestral territories of the indigenous peoples of the Peruvian jungle.
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    Property without law?: Why land titling and adverse possession do not solve the problem of informal property
    (University of Zaragoza, 2024-01-01)
    It is common to find «informal ownership» in Latin America in the context of illegal takings. Human settlements in Peru, favelas in Brazil, or camps in Chile, in all cases, a group of people builds land rights outside the law. Although this phenomenon has been analyzed many times from an economic perspective, mostly proposing the granting of property titles as a solution, the review of the Peruvian case shows its ineffectiveness. In 1982, 53.54 % of the houses in Peru had property titles; however, after almost forty years and multiple land titling laws, in 2017 this percentage dropped to 50.65 %. Moreover, between 2001 and 2018, 46 % of new housing was built upon informal property through illegal takings. The present investigation proposes another view from the legal perspective, investigating on the traditional civil institution of the adverse possession, and offering a refocus to the problem.