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that traditional indigenous peoples’ land rights should be recognized, instead of
favouring mining companies.
59. The Special Rapporteur’s mission to Mexico in June 2003 (see
E/CN.4/2004/80/Add.2) had found that human rights violations occurred mostly in
the frequent local and municipal agrarian and political conflicts, and in the
administration of justice, which was seriously deficient. The 2001 reform of the
Constitution had not met the aspirations and demands of the indigenous movement
and had also failed to establish constructive dialogue between indigenous
representatives and the government of the State of Chiapas, where there was
ongoing internal conflict, triggered by the Zapatista uprising in 1994. The Special
Rapporteur recommended that the Government of Mexico should pay urgent
attention to preventing and resolving such social conflict, that it should carry out
judicial reform to guarantee protection of indigenous peoples’ human rights and that
it should revise the constitutional reform of 2001 so that such rights could be
safeguarded and peace in Chiapas could be achieved.
60. During his visit to Chile in July 2003 (see E/CN.4/2004/80/Add.3), the Special
Rapporteur found several human rights issues which were causing Chile’s
indigenous people serious concern. The majority of indigenous people, particularly
the Mapuche in Araucanía, suffer from high levels of poverty and low levels of
human development. The participatory mechanisms envisaged in the Indigenous
Peoples Act (No. 19.253, adopted by the Government in 1993) have not managed to
expand opportunities for autonomy, as demanded by many indigenous groups.
Historically, one of the most serious problems affecting indigenous peoples relates
to land ownership and territorial rights: the land owned by the Mapuche is extremely
limited and overexploited; the communities’ lands are in remote locations on private
property, and often contaminated because of forestry activity. Most indigenous
communities are still not benefiting from the State bilingual education programme
and the education system has not fully met the demand from indigenous people for
the protection and promotion of their traditional culture. The recommendations of
the Special Rapporteur include calls for a programme to cut poverty in indigenous
communities, for the Government to pay particular attention to the prevention and
resolution of conflicts over land tenure and use and for there to be a high level of
bilingual education.
61. The Special Rapporteur has held consultations with government
representatives to explore the possibility of undertaking fact-finding visits to various
countries, and to examine how his recommendations could be followed up and
whether assistance could be given to translate them into action. The Special
Rapporteur suggests that such countries’ government authorities and other
organizations with a stake in the issues should reflect on the matters and
recommendations appearing in his reports. They could serve as a useful instrument
to promote and protect the human rights and fundamental freedoms of indigenous
people.
62. The Special Rapporteur has also received large numbers of invitations to visit
from the indigenous peoples and indigenous peoples’ organizations of various
continents, but has unfortunately been unable to accept all of them. During the
period under review, the Special Rapporteur visited Ainu communities in Hokkaido
(Japan), in 2002; various First Nations in British Columbia, Saskatchewan,
Manitoba, Ontario and Nova Scotia (Canada) in 2002; a community of displaced
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