A/HRC/12/34/Add.2
page 23
82. The Government should ensure adequate consultations with indigenous peoples in
regard to all legislative or administrative decisions affecting them, in accordance with
applicable international standards. To this end a law or other appropriate mechanism
should be developed to define a procedure for consulting with indigenous peoples. This
procedure should itself be developed in consultation with indigenous peoples and should
apply, inter alia, in regard to the development projects and natural resource extraction
activities having direct impacts on indigenous peoples, including such activities that are
within or outside of demarcated indigenous lands.
Demarcation and protection of lands
83. FUNAI should be ensured adequate funding and staff to proceed effectively with the
process of demarcating and registering indigenous lands, in accordance with the applicable
laws, regulations and international standards.
84. Measures should be taken to improve the mediation capacity of FUNAI and other
relevant governmental institutions to deal with conflicting interests in relation to
indigenous land and resources, and to work with state and local governments to implement
such mechanisms and ensure protection from discrimination and equal opportunities to
indigenous peoples in this regard.
85. In exercising whatever powers they have with regard to indigenous lands, all public
institutions and authorities, at both the federal and state levels, should be aware of and
conform their conduct to the relevant provisions of Convention 169 and other applicable
international instruments which provide protection of indigenous peoples’ rights to lands
and natural resources, and these protections should be strengthened by domestic
legislation.
Health
86. The Ministry of Health, in consultation with FUNAI and indigenous peoples, should
continue efforts to improve the delivery of health services to indigenous peoples, especially
in remote areas, with attention to the special health needs of indigenous women and
children. Every effort should be employed to enhance indigenous peoples’ participation in
the formation of health policy and delivery of services, including with a view to better
incorporating traditional indigenous health practices. All medical professionals should be
provided with comprehensive medical training that includes traditional methods employed
and that is provided in the language of the community.
Education
87. Further efforts should be made by FUNAI, the Ministry of Education, state and
municipal educational authorities and local partners to improve the quality and availability
of education to indigenous children and youth, including through the incorporation of
indigenous systems of teaching, cross-cultural curriculums and bilingual programming
into the education of indigenous children and youth, and to strengthen the participation of