A/HRC/21/47/Add.2 the current legislation. In addition, the courts of the different provinces do not apply the same criteria when authorizing evictions. For example, they sometimes do not recognize the indigenous communities registered by INAI in its national registry and do not take into account the results of cadastral surveys. 55. Although the Special Rapporteur is not able to evaluate the specific facts of every case of eviction brought to his attention, he notes that the spirit and intent of Act No. 26160 requires the prevention of potential violations of the human rights of indigenous peoples until their territorial rights have been determined. 56. Indigenous representatives repeatedly told the Special Rapporteur that they felt vulnerable in the face of evictions or projects adversely affecting them. In many cases, indigenous peoples have resisted eviction, or have used peaceful protest to call attention to their situations, for example by blocking public roads or mining company facilities. 57. The Government’s response has been to criminalize acts linked to these protests. Many indigenous individuals are prosecuted for alleged offences committed in connection with these protests. In some cases, the protests and the response from the public security forces or from private third parties have led to violence and even the deaths of members of indigenous peoples. It has been reported that several cases have involved the disproportionate use of force by police officers, who have gone unpunished while community members have been charged for their acts of protest. C. Social and economic conditions 58. There are few facts on the economic and social reality experienced by the indigenous peoples in Argentina. Given that until 2001 the national census made no mention of indigenous issues, disaggregated data on the economic and social situation of the indigenous peoples of the country are scarce. It is therefore difficult to assess changes in the situation of indigenous peoples over the years or to examine the condition of indigenous peoples as compared with other sectors of the population. This has also hindered the development of public policies to meet the basic needs of indigenous peoples. 59. Nevertheless, the statistics that are available and the information received by the Special Rapporteur indicate that the situation of indigenous peoples is one of serious marginalization, particularly in the case of certain indigenous groups and certain regions. Their situation contrasts with that of the Argentine population as a whole, given that Argentina is one of the most developed countries in Latin America and is ranked by the United Nations as a country with “very high” human development. 1. (a) Education Access to education 60. During his visit, the Special Rapporteur’s attention was repeatedly drawn to the issue of education. Indigenous peoples continue to face serious obstacles to their access to education, including a lack of schools, especially secondary schools, in many of the rural communities where they live. They also face particular barriers because of their poverty, which often forces them to choose between education and work. The increasing numbers of grants awarded by INAI to indigenous students represent an important step towards remedying this problem (according to the available data, the number of grants awarded rose from 5,000 in 2003 to 11,000 in 2006). However, this number is still not enough to meet the needs of indigenous communities, and in addition there are significant delays in the payment of the grants. GE.12-14947 13

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