A/HRC/33/57
such plans include measures to fulfil indigenous peoples’ right to health. As indigenous
peoples have the right to specific measures to improve their access to health services and
care, the immediate obligation to create a national health plan requires States to make
provision for indigenous peoples’ needs in a “mainstream” plan, as in Guatemala, 16 or a
separate indigenous health plan, like the Maori Health Strategy, He Korowai Oranga, in
New Zealand.17 In addition, States should ratify and incorporate into national law relevant
international instruments containing health rights, such as the Declaration, the ILO
Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the International Covenant
on Economic, Social and Cultural Rights.
Facilitate
38.
In accordance with the right to self-determination, States should provide sufficient
resources to indigenous communities to create and operate their own health-care initiatives.
Care provided by indigenous community-controlled organizations is often of a higher
quality than that provided by mainstream services, significantly improving the availability
and accessibility of health care. Indigenous organizations can create a virtuous cycle in
respect of health and employment, serving as prominent employers of indigenous peoples
and helping to combat poverty within indigenous communities. In Australia, the Aboriginal
community-controlled health-care sector employs nearly 4,000 people and services over 60
per cent of Aboriginal people outside major metropolitan centres, with superior
performance to mainstream services noted on key indicators. 18 In Colombia, 80 per cent of
the professional staff of Pueblo Bello indigenous hospital in Valledupar are of indigenous
origin — a significant achievement in intercultural practice.19
39.
States should also facilitate access to health-care services through improved birth
registration processes, where appropriate. Article 7 of the Convention on the Rights of the
Child gives every child the right to be registered immediately after birth. Yet, many
registration systems remain inadequate in relation to indigenous births. A lack of
registration and identification documents directly impedes access to health-care facilities,
goods and services where identification is a prerequisite for obtaining care
(CRC/C/CRI/CO/4) and prevents the collection of disaggregated data, which is vital in
monitoring disparities in health-care status between different ethnic groups. Registration
can be facilitated through targeted registration campaigns, as in Brazil, 20 or use of
indigenous registrars or a specific minorities registration section within State institutions, as
in Panama, Peru and Thailand; alternatively, traditional birth attendants can improve birth
registration rates, as has occurred in Ghana and Malaysia. 21 Birth registration should not,
however, be a precondition for accessing health-care services.
16
17
18
19
20
21
Submission by Guatemala.
See www.health.govt.nz/our-work/populations/maori-health/he-korowai-oranga.
Kathryn Panaretto and others, “Aboriginal community controlled health services: leading the way in
primary care”, Medical Journal of Australia, vol. 200, No. 11 (16 June 2014).
Anna R. Coates and others, “Indigenous child health in Brazil: the evaluation of impacts as a human
rights issue”, Health and Human Rights Journal, vol. 18, No. 1 (16 May 2016).
Ibid.
United Nations Children’s Fund, “Birth registration: right from the start”, Innocenti Digest series
No. 9 (March 2002).
11