A/HRC/57/47
representative organizations, before adopting any legislation, policy or project that may
affect them. As Indigenous persons with disabilities are disproportionately affected by
the negative consequences of climate change and environmental pollution, it is
necessary to adopt inclusive and accessible policies in consultation with them to mitigate
these adverse effects.
90.
In order to tackle the main challenges faced by Indigenous persons with
disabilities in the realization of their rights, the Special Rapporteur makes the following
recommendations to States, to be implemented in cooperation and coordination with
Indigenous Peoples:
(a)
Collect disaggregated data on Indigenous persons with disabilities to
inform the development of appropriate legislation, policies and services;
(b)
Adopt and implement legislation, policies and programmes, in
consultation with Indigenous Peoples, that specifically recognize the rights of
Indigenous persons with disabilities, ensuring compliance with international standards
such as the United Nations Declaration on the Rights of Indigenous Peoples and the
Convention on the Rights of Persons with Disabilities. Ensure that all such laws, policies
and programmes incorporate Indigenous knowledge and involve meaningful
consultations with Indigenous persons with disabilities, including through their
representative organizations, throughout the creation and implementation phases;
(c)
Strengthen anti-discrimination laws to be inclusive of the rights of
Indigenous persons with disabilities and ensure the strict enforcement of such laws to
protect Indigenous persons with disabilities from intersectional discrimination;
(d)
Provide the resources necessary to support the full and effective
participation of Indigenous persons with disabilities in decision-making processes,
ensuring their free, prior and informed consent in matters affecting them;
(e)
Guarantee equal access to lands, territories and resources for Indigenous
persons with disabilities, including Indigenous women with disabilities;
(f)
Ensure full and fair compensation for environmental damage caused by
extractive projects and other activities, including addressing the health impacts of
environmental degradation and pollution on Indigenous persons with disabilities;
(g)
Adopt and implement standards that conform to international human
rights law for issuing permits for extractive projects, such as requirements to obtain
health and environmental impact assessments and the free, prior and informed consent
of affected Indigenous Peoples. Conduct specific impact assessments on Indigenous
persons with disabilities, who are disproportionately affected by adverse environmental
and health impacts;
(h)
Provide accessible, affordable and culturally appropriate health-care
services to Indigenous persons with disabilities, including mental health and
rehabilitation services in Indigenous territories. Tailor services, treatment standards
and diagnosis procedures to meet their specific needs and respect their right to
self-determination. Address the shortage of qualified health-care staff and facilities in
remote areas;
(i)
Abolish all forms of institutionalization, end new placements in
institutions, refrain from investing in institutions for Indigenous persons with
disabilities and promote the right of Indigenous persons with disabilities to
self-determination, to live independently and to live in their Indigenous communities;
(j)
Ensure access to inclusive, culturally appropriate and relevant education
for Indigenous children with disabilities, including in Indigenous languages;
(k)
Provide accessible legal aid and support services to Indigenous persons
with disabilities, and ensure their access to justice;
(l)
Promote training and employment programmes that are human rightsbased and cater to the needs of Indigenous persons with disabilities, ensuring their
economic independence and inclusion;
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