A/59/258
basic consensus exists as that would facilitate the negotiation of other articles on
which it is more difficult to reach a consensus.
10. Although many countries have introduced legislation favourable to indigenous
peoples, these advances at the national level are eclipsed by continuing human rights
violations and problems faced by millions of indigenous people in many countries.
Indigenous peoples the world over are usually among the most marginalized and
dispossessed sectors of society, because they suffer discrimination and face
prejudices that are often perpetuated within societies. Despite the existence of
protective legislation, the rights of indigenous peoples are very often denied in
practice.
11. The information received by the Special Rapporteur points to major
shortcomings in the promotion and protection of the human rights and basic
freedoms of indigenous peoples in all regions. The major issues involving
indigenous rights relate to land, territory, the environment and natural resources; the
administration of justice and legal conflicts; poverty, standards of living and
sustainable development; language, culture and education; self-government,
autonomy, political participation and the right to self-determination.
12. The Special Rapporteur was also informed of situations relating to matters
such as the failure to apply the international anti-discrimination standards in force,
death threats against indigenous leaders; forced disappearances of indigenous
activists and representatives, violence, and the deaths of indigenous people through
excessive use of force by officers of the police and security forces during situations
of social conflict; extrajudicial executions of indigenous people attributed to
paramilitary groups or private forces, either working with or tolerated by the State,
as well as forced displacements due to the implementation of development projects,
social conflict or political and economic insecurity. The Special Rapporteur also
received complaints of serious violations of the rights of indigenous children,
including murder, forced recruitment by armed groups or trafficking in organs.
13. When there is not sufficient machinery in place to protect the human rights of
indigenous peoples under national laws, it becomes more difficult to apply the
relevant international standards. The reports of the Special Rapporteur to the
Commission on Human Rights include detailed descriptions of these issues. The
Special Rapporteur also wishes to draw the attention of the General Assembly to
certain facts and trends relating to the human rights of indigenous peoples, deriving
from his missions to Guatemala (2002), Philippines (2002), Mexico (2003), Chile
(2003), Colombia (2004) and Canada (2004), as well as from a variety of other
sources.
A.
Rights to land, territory and access to natural resources
14. From time immemorial indigenous peoples have maintained a special
relationship with the land, their source of livelihood and sustenance and the basis of
their very existence as communities. The right to own, occupy and use land is
inherent in the self-conception of indigenous peoples and generally it is in the local
community, the tribe, the indigenous nation or group that this right is vested. For
economically productive purposes this land may be divided into plots and used
individually or on a family basis, yet much of it is regularly restricted for
community use only (forests, pastures, fisheries, and so on), and the social and
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