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investigate thoroughly any number of specific cases which have come to his attention and
therefore withholds any conclusion regarding such particular communications. He is convinced,
however, that given the patterns of situations referred to in the documentation to which he has
had access, he would be doing a disservice to his mandate if he did not draw the attention of the
Commission to these concerns and their implications for the full and effective protection of the
human rights of indigenous people.
103. The issue of land rights is paramount in a number of cases that have come to the attention
of the Special Rapporteur, as indicated in communications regarding the Chiquitano people in
the lowlands of South America, several Indian tribes in the Amazon region, the Mapuche in
southern South America, the Secwepemc on the North-West coast of North America, the
Bushmen in southern Africa and the Orang Asli and other indigenous groups in South-East Asia.
A disturbing element in a number of instances is the displacement or forced resettlement of
indigenous communities as a result of major projects (such as hydroelectric power dams)
undertaken by States with international financing in the name of national development. In
East Africa, the Hadzabe hunter-gatherers and the Maasai pastoralists are facing a State policy
of sedentarization which affects several of their economic, social and cultural rights; a similar
situation concerns the Bagyeli in central Africa and the Twa in the Great Lakes Region.
104. The vulnerability of land rights is also a problem besetting the Small Peoples in the
Arctic regions of Asia, an issue that has been taken up by CERD.44 In these regions, indigenous
children face discrimination and other severe problems. In 1999, the Committee on the Rights of
the Child expressed its concern for the living conditions of indigenous peoples in the north of the
Russian Federation and their access to health, educational and other social services. The
Committee referred to the growing incidence of societal discrimination against children
belonging to ethnic minorities, including indigenous peoples, and asked the Government to take
all appropriate measures to improve the situation.45 Notwithstanding the extensive rights of
Sami people in the Scandinavian countries, Sami women and children still face discrimination.
In 2001, the Committee on the Elimination of Discrimination against Women (CEDAW)
expressed its concern about the discrimination existing against Sami women.46
105. Indigenous peoples in South-East Asia face loss of control over land and resources due to
the non-recognition of customary land rights. In most South-East Asian States there are no legal
rules granting indigenous peoples the right to their land and many indigenous peoples are
threatened by logging, mining and other exploitative activities or due to infrastructure
programmes (dams, roads) pursued by national Governments. In resolution 55/95 on the
situation of human rights in Cambodia, the General Assembly, while welcoming the measures
taken by the Government to eliminate illicit logging, noted that this activity had “seriously
threatened full enjoyment of economic, social and cultural rights by many Cambodians,
including indigenous people”.47
106. The ILO handles representations made by indigenous peoples concerning alleged
violations of Conventions Nos. 107 and 169. An ILO ad hoc tripartite committee recently found
that, in view of the importance of collective ownership of land for certain indigenous and tribal
peoples, decisions involving legislative or administrative measures that may affect the land
ownership must be taken in consultation with them. When communally owned indigenous lands
are divided and assigned to individuals or third parties, this often weakens the exercise of their