A/HRC/12/34/Add.2 page 7 14. In addition, indigenous peoples and their rights are the subjects of the Indian Statute of 1973 (Law 6001). Although at the time the law was adopted it was considered progressive, it has come to be widely criticized for being out of step with contemporary constitutional and international standards in its position of encouraging indigenous peoples to “evolve” and become more “civilized”. The law’s implementation has been adjusted to reflect the standards of the 1988 Constitution, and since 1991 there have been debates in the Congress to replace the law with a new one, but those debates are ongoing. 15. In 2002 Brazil enacted a new Civil Code4 which, in line with the Constitution, eliminates discriminatory restrictions on the exercise of civil rights by indigenous peoples that were contained in the former 1916 Civil Code. Previous to the enactment of this new code, indigenous peoples were categorized as “relatively incapable” and effectively treated as “minors”, with FUNAI in a guardianship (tutela) position. 16. FUNAI is the State agency principally responsible for executing Government policy on indigenous peoples and developing programmes to advance their interests. It was established in 1967 and is now an agency of the Ministry of Justice. It is headquartered in the capital, Brasilia, with projects in its 45 regional offices, 14 support centres (núcleos de apoio indígena), and 344 indigenous outposts (postos indígenas) throughout the country. FUNAI is responsible for promoting and protecting indigenous peoples’ interests and rights; demarcating and ensuring protection of indigenous lands; carrying out studies on the various indigenous groups; and raising awareness on indigenous peoples and their challenges. 17. FUNAI has done exemplary work in several areas, including in the development and execution of a methodology for identifying and demarcating indigenous lands, and has contributed to advancing social welfare benefits for indigenous communities. However, its history is that of an agency dominated by non-indigenous bureaucrats and social scientists who shared a highly paternalistic posture towards indigenous peoples and a model of development that is not in keeping with contemporary standards of indigenous self-determination. It was evident to the Special Rapporteur that FUNAI’s leadership is conscious of the need to abandon the paternalistic postures of the past and that FUNAI has made decided efforts to incorporate a policy orientation consistent with contemporary international norms. Nonetheless, he observed during his visit that, in many ways, the history of paternalism continues to shape FUNAI’s operations. FUNAI has also been hampered by a significant shortage of resources and qualified staff to carry out its myriad responsibilities. 18. In a positive development, the Presidency of the Union established in 2006 the National Commission of Indigenous Policy (CNPI). It is composed of representatives of Government agencies, indigenous organizations and other civil society organizations. By all accounts, CNPI is a welcome initiative to ensure greater indigenous participation in the process of defining State policy on indigenous issues in Brazil and in reforming relevant laws and Government programmes to better accord with indigenous peoples’ own aspirations. 4 Law 10.406, 10 January 2002.