A/HRC/25/56/Add.1
86.
The customary leadership structures and practices of minority and indigenous
communities, including in the appointment of chiefs and the resolution of communitybased disputes, should be fully respected and allowed to function according to
traditional practices with no undue interference by other communities, individuals or
the State. Where a complaint is made that there has been undue interference or
disputes exist, an independent review should be conducted with the full participation
of the parties and community members concerned, both men and women.
87.
Mbororo pastoralists are facing pressure to settle as well as loss of access to
traditional lands. In addition to measures to protect their rights to land and water and
to urgently resolve ongoing land disputes, initiatives should be continued and
intensified to ensure their access to basic services, education and health care
appropriate to their needs, culture and traditions and, where necessary, their nomadic
lifestyle. The draft pastoral code provides essential guarantees for pastoralist
communities, and should be adopted into law.
88.
The Pygmies are the guardians of the forest, in which they have always lived in
harmony. The Government should respect the rights of Pygmy communities to
continue to live in their traditional forest habitats and to have full access to the forests
and their traditional hunter-gatherer lifestyles wherever possible, and find solutions,
in consultation with communities, to enable them to do so.
89.
Where displacement of Pygmy communities has taken place or is unavoidable
following full review of available options, communities should be consulted fully
regarding relocation, with priority given to options allowing them to continue their
traditional forest-based lifestyle. Communities should be fully supported in the short,
medium and long term to ensure their access to services, food security, their safety
and secure, non-exploitative interaction with neighbouring communities, and their
access to income-generating activities. Compensation for their displacement must be
appropriate to their situation, culture and traditions.
90.
Essential research is required on Montagnard communities and the regions in
which they live, to build a comprehensive picture of their numbers, geographical
location, socioeconomic conditions relative to other communities, the minority and
other human rights issues that they face, and their needs as individuals, families and
communities. On the basis of such research, targeted interventions should be made, in
close consultation with communities, in order to urgently improve their situations and
enjoyment of their rights.
91.
The protection of the right to freedom of religion and belief and of the rights of
religious minorities to freely practice their faith must extend to all faith and belief
groups, and not be unduly restricted. Registration processes, where required, to grant
authorization to function should be non-discriminatory, and clear criteria and time
frames should be established and respected in practice. No undue delays or restrictive
criteria should be imposed and, where authorization is not granted, clear reasons
should be stated and appeals permitted.
92.
Individuals or groups suspected of having committed crimes in the context of
their faith or belief-based activities should be prosecuted pursuant to national law and
in compliance with international standards of fair trial. Faith communities conducting
legitimate faith-based activities, including assembling for worship and proselytizing,
should not face undue restrictions on those activities, be closed or otherwise punished
without due recourse to the law and judicial process.
93.
In the specific cases of the Pentecostal churches closed in 2013, an investigation
of such closures should be urgently conducted. Where no justifiable legal grounds for
their closure are found, the churches should be allowed to reopen and resume their
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