A/HRC/25/56/Add.1
Ministry, including through the establishment of the new national museum, which will
have great potential to play a key role in education, awareness-raising and cultural
preservation.
80.
The current legal and administrative regulations governing land use,
occupation and ownership do not offer certain minority and indigenous communities
adequate protection of their land rights, and should be reviewed and amended to
provide stronger legal protection against land grabbing, illegal eviction, forced
displacement and ongoing land disputes. Specific legal and policy measures are
required to protect the land rights of those who practice nomadic, transhumance and
hunter-gatherer lifestyles, including their right to have access to traditional forest
habitats and to use land seasonally for grazing.
81.
The Government is urged to ratify ILO Convention No. 169. Importantly, the
Convention requires that indigenous and tribal peoples be consulted on issues that
affect them and be able to engage in policy and development processes that affect
them. It also requires their free, prior and informed consent for projects implemented
on their lands and territories. A specific national law on the rights of minority and
indigenous peoples should be drafted in consultation with the communities concerned.
82.
Local disputes, including over land and inter-community affairs, are
commonplace and must be effectively settled and prevented to avoid tensions
emerging and growing between communities. It is essential that Government leaders
at the local and national levels consult and involve grass-roots community
representatives in decision-making processes in order to maintain the peaceful
coexistence of the various ethnic and religious groups. National human rights
commitments must be better implemented and monitored at the local level.
83.
Mechanisms should be established, in consultation with communities, to ensure
that local leadership structures and chiefdoms function in the interests of all
communities without discrimination. Effective oversight mechanisms and complaint
procedures should be put in place to ensure that paramount chiefs and others with
lower-level authority are subject to appropriate review and that community members
from all groups have channels through which to challenge decisions or register
complaints.
84.
The Independent Expert acknowledges the significant efforts made by the
Government to ensure free primary education for all children. She however urges it to
intensify specific, targeted efforts to improve education access and outcomes for
children from minority communities. Education initiatives should be developed in
close consultation with minority communities and non-governmental organizations,
and should be sensitive to the specific situations of such groups and their cultures,
traditions, lifestyles and languages.
85.
The State should strengthen legislative and policy measures to ensure the
political participation of groups that are currently underrepresented in political and
decision-making bodies at the local, regional and national levels, including the Pygmy,
Mbororo and other communities. Existing measures, including those relating to
electoral processes, should be reviewed and, where necessary, revised or clarified and
their implementation evaluated to ensure that they are fit for their intended purpose.
The Independent Expert urges the State to consider the recommendations made at the
second Forum on Minority Issues in this regard.27
27
20
See A/HRC/13/25.