GUIDELINES FOR IMPLEMENTING THE RIGHT OF INDIGENOUS PEOPLES TO FREE, PRIOR AND INFORMED CONSENT includes, among others, the rights of members of the indigenous communities within the framework of communal property.8 With its evolutionary interpretation of Article 21 of the American Convention, the Court has embraced the indigenous concept of property, giving that right a scope that includes a diversity of valid ways of life worthy of protection and guarantee. Thus, the judgment of the Awas Tingni Case recognises that [a]mong Indigenous Peoples there is a communitarian tradition regarding a communal form of collective property of the land, in the sense that ownership of the land is not centered on an individual but rather on the group and its community,9 and assumes that this form of ownership also requires protection. The Inter-American Court has defined that the close relationship between indigenous communities and their traditional territories, including the natural resources found therein and the intangible components derived from them, are also subject to protection under article 21 of the American Convention.10 It has interpreted article 21 of the American Convention in the sense that it guarantees enjoyment of an intangible good, such as the special relationship that ties Indigenous Peoples to their territory. It does not merely refer to material possession and use, but rather indigenous relations to the land are a material and spiritual element which they must fully enjoy, even to preserve their cultural legacy and transmit it to future generations.11 8 Inter-American Court. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Judgment of August 31, 2001. Paragraph 148. 9 Paragraph 149. Judgment in the Awas Tingni Case 10 Inter-American Court. Case of the Yakye Axa Indigenous Community v. Paraguay. Judgment of June 17, 2005. Paragraph 137. 11 Paragraph 149. Judgment in the Awas Tingni Case 12

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