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

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