The 2007 Constitution does not provide any specific mechanism for the protection of the land rights of the indigenous peoples. Article 33 provides for “liberty of dwelling” while Articles 41 and 42 protect the property rights of the citizens. At the same time, Article 42 also states that “The expropriation of immovable property shall not be made except by virtue of the law specifically enacted for the purpose of public utilities, necessary national defense, exploitation of national resources, town and country planning, promotion and preservation of quality of the environment, agricultural or industrial development, land reforms, or other public interests, and fair compensation shall be paid in due time to the owner thereof as well as to all persons having the rights thereof, who suffer loss by such expropriation, as provided by law.” It is therefore clear that indigenous peoples can be evicted in the name of “public interests”, “industrial development” etc.
The 2007 Constitution does not provide any specific mechanism for the protection of the land rights of the indigenous peoples. Article 33 provides for “liberty of dwelling” while Articles 41 and 42 protect the property rights of the citizens. At the same time, Article 42 also states that “The expropriation of immovable property shall not be made except by virtue of the law specifically enacted for the purpose of public utilities, necessary national defense, exploitation of national resources, town and country planning, promotion and preservation of quality of the environment, agricultural or industrial development, land reforms, or other public interests, and fair compensation shall be paid in due time to the owner thereof as well as to all persons having the rights thereof, who suffer loss by such expropriation, as provided by law.” It is therefore clear that indigenous peoples can be evicted in the name of “public interests”, “industrial development” etc.
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