A/HRC/27/52/Add.1
18.
The provisions of the Constitution on indigenous languages and education stipulate
that the State shall promote bilingual literacy programmes in indigenous communities.23
Article 10 of the Education Act states that education in indigenous communities is to be
based on their right to preserve, develop and honour their cultural identity and heritage,
while article 11 states that instruction is to be provided in a manner that is in keeping with
the characteristics, objectives and methods of bilingual, intercultural education.24 The Act
mandates the Ministry of Education to set up a unit for the implementation of special
programmes in indigenous areas.25 A number of comarca laws require that the education
programmes rolled out by the Ministry, especially bilingual and intercultural programmes,
be coordinated with comarca authorities. In 2010, the Government adopted a law that
grants official recognition to indigenous languages and alphabets and makes bilingual,
intercultural instruction mandatory in all public and private schools in indigenous
communities located in comarcas and on collective lands.26
19.
There are also considerable safeguards in place regarding the health of indigenous
peoples. The comarca laws guarantee the right to health, including access to health-care
services that incorporate traditional healing methods. Pursuant to Ministry of Health
resolution No. 322 of 2005, health-care facilities located in comarcas are required to
provide services to the indigenous population free of charge.
20.
Other laws also contain specific provisions on indigenous peoples. In addition to
constitutional and comarca law provisions on the administration of indigenous justice, the
Code of Criminal Procedure authorizes indigenous judges to adjudicate on cases involving
offences committed in the comarcas in accordance with indigenous law (with the exception
of cases involving murder or offences related to drugs or organized crime or offences
committed against the Government or the national economy).27 The Civil Registration Act
contains specific provisions that authorize members of indigenous groups to register their
children under their indigenous name and in their people’s or ethnic group’s comarca, even
if they were born elsewhere.28 Indigenous peoples are authorized to register and celebrate
their marriages in accordance with their culture and traditions.29
21.
The Indigenous Affairs Committee of the National Assembly, established in 1995,
informed the Special Rapporteur of a number of bills regarding indigenous peoples that
have been submitted in recent years, including a bill on the prior consultation of indigenous
and native peoples and a bill on the protection of traditional indigenous medical knowledge,
use and practices and other matters. However, these and other bills have been criticized on
the grounds that they were drafted without sufficient consultation with indigenous peoples;
the Special Rapporteur has not received any information from the National Assembly in
this regard.
22.
In what could prove to be a best practice in terms of responding to indigenous
peoples’ considerable development needs, the Government has undertaken to devise a
comprehensive development plan for indigenous and native peoples. This initiative has
been launched at the request of indigenous peoples and was agreed to by the Government
during a dialogue that will be described below (see para. 44). Discussions about the plan
focus on four main areas: (a) social issues; (b) economic issues; (c) politics; and (d) special
23
24
25
26
27
28
29
GE.14-07234
Art. 88.
Act No. 34 of 6 July 1995, amending Act No. 47 of 1946.
Art. 24.
Act No. 88 of 22 November 2010.
Act No. 63 of 28 August 2008 (the Code of Criminal Procedure), art. 48.
Consolidated Civil Registration Act (Act No. 31 of 25 July 2006), arts. 45 and 47.
Family Code (Act No. 3 of 17 May 1994), arts. 60 and 61.
7