A/HRC/21/47/Add.2
Social protest and criminalization
102. The Special Rapporteur notes that the lack of a mechanism to defend the rights
of indigenous peoples over their traditional lands or to compensate them for the loss of
their lands might have contributed to an atmosphere of confrontation in which some
members of indigenous peoples felt that they had no real options and therefore opted
to engage in social protest that, in some cases, involved committing acts contrary to
public order.
103. The criminal policy followed in recent years with respect to indigenous peoples
and their acts of protest needs to be reviewed, with a view to creating a criminal
justice policy with a focus on solutions that are compatible with public order and
respect for international human rights standards.
104. The Government should also adopt measures to prevent, investigate and punish
all acts of violence, threats and intimidation directed at members of indigenous
peoples by both public officials and individuals.
Social and economic conditions
105. The Government should take steps to collect more official data on the social
and economic situation of indigenous peoples, especially with regard to their health.
These statistics are necessary to develop public policies and programmes that respond
effectively to the problems still facing indigenous peoples throughout the country.15
Education
106. The Special Rapporteur urges the federal and provincial governments to take
steps to eliminate the barriers to access to education for indigenous peoples, especially
at the higher levels, by, inter alia, building more secondary schools in rural areas and
awarding more grants to indigenous students.16 The Government should pay
particular attention to indigenous peoples with lower school attendance rates,
especially the Mbyá Guaraní, Pilagá, Toba, Mocoví and Wichí peoples.
107. While the Special Rapporteur notes with satisfaction the substantial legal
recognition of the right to bilingual and intercultural education, he is of the view that
efforts should be redoubled to give effect to this right and more resources should be
allocated for this purpose.17 In particular, the Government should take steps to train
indigenous teachers in bilingual intercultural education and, in consultation with
indigenous peoples, should develop more curricular guidelines and materials for
bilingual intercultural education. The Government should also consider providing
basic classes taught in indigenous languages, especially in areas where indigenous
peoples still use their own languages.
108. The Government should make greater efforts to respond to the structural
problems limiting access to education for indigenous women and girls. It should also
ensure that indigenous girls staying in school hostels in urban areas are not left
vulnerable to discrimination and abuse.18
15
16
17
18
20
See also CERD/C/ARG/CO/19-20, para. 29 and CRC/C/ARG/CO/3-4, para. 22.
See also CRC/C/ARG/CO/3-4, para. 68 (a).
See also E/C.12/ARG/CO/3, para. 24 and CERD/C/ARG/CO/19-20, para. 19.
See also CEDAW/C/ARG/CO/6, para. 42 and CRC/C/ARG/CO/3-4, para. 32 (a).
GE.12-14947