A/59/258
justice system. This is due to persistent racism in many societies, ignorance of
indigenous cultures, the failure by official State institutions to accept linguistic and
cultural differences and ignorance of indigenous law and customs. As a result,
indigenous people tend to be overrepresented in the criminal justice system, which
reflects the prevailing inequality and injustice.
30. The justice system is also quite frequently used to suppress indigenous
communities’ protests and acts of resistance in defence of their rights. In many
cases, socially and politically motivated demonstrations by indigenous people have
been declared illegal. During the period under review, the Special Rapporteur
received many reports of serious failures to ensure the right to due process of socalled “indigenous people” and disturbing accounts from people who claim to have
been subjected to various forms of physical and psychological abuse while in
detention; this situation is even more serious in the case of indigenous women.
31. The Special Rapporteur therefore recommends that governments should carry
out sweeping reviews and, where necessary, reforms of their justice systems in order
to protect the rights of indigenous peoples more effectively. These reforms should
ensure, inter alia, respect for indigenous peoples’ customary law; the establishment
of alternative legal mechanisms; respect for their language and culture in the courts
and tribunals and, generally speaking, throughout the justice system; and greater
participation of indigenous people in the reform process. The Special Rapporteur
has also recommended to Governments that the many reports of abuse of indigenous
people by the security forces should be investigated in order to put an end to the
impunity with which such acts are quite often committed.
D.
Poverty and access to basic services
32. In most countries, indigenous people are among the poorest social groups and
their standard of living is considered to be below average in many ways. Studies
have shown that they face high infant mortality rates, below-average levels of
nutrition, inadequate public services, difficulty of access to social welfare agencies,
social services of a quality below the recommended norm, serious health problems,
inadequate housing and accommodations and, overall, a low level of human
development indicators. In confirmation of other information which the Special
Rapporteur has received regarding adequate housing as a key aspect of the right to a
decent standard of living, a position asserted by the Commission on Human Rights,
the Special Rapporteur notes that the quality of indigenous people’s housing is
generally far below the minimum recommended by international organizations. This
is true not only in rural areas, but also in the cities.
33. One of the recurrent patterns noted, and a source of concern for the Special
Rapporteur, is the relationship between ethnic origin and poverty. In Guatemala, for
example, the departments in which there is the highest concentration of indigenous
people are also those which experience the greatest poverty and extreme poverty. At
the time of his visit, 65 per cent of the indigenous population had no access to a
water supply network, over 80 per cent were not connected to sewerage systems and
half were not connected to the electricity grid, according to the United Nations
Human Rights Verification Mission in Guatemala (MINUGUA). One reason for the
increase in rural poverty among indigenous people in recent years is the fall in
world coffee prices; coffee is one of the traditional export products most widely
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