PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
Also guaranteed is access on a non-discriminatory basis to health care and all other social services
(art. 22). The law stipulates that the centres delivering these services must be adapted to indigenous
peoples’ needs in the areas in which they live (art. 23 (1)); it provides for the participation of indigenous
health-care workers in integrated primary health-care services, and the organization by the State of
vaccination programmes and reproductive health-awareness campaigns (art. 23 (2)). The law further
provides for the specific health needs of indigenous women and children to be taken into account (art. 23
(3)).
The law also provides protection for the rights of indigenous peoples to lands and resources. It states that
indigenous peoples, collectively and individually, have a right to own, possess, access and use the lands
and natural resources that they have traditionally used or occupied for their subsistence, pharmacopeia
and work (art. 31). The State is obliged to facilitate delimitation of these lands on the basis of indigenous
customary rights, and has a duty to ensure legal recognition of the title according to customary rights,
even in cases in which indigenous peoples did not previously possess any kind of formal title (art. 32).
Furthermore, the law provides for consultations regarding measures that affect indigenous lands or
resources or that entail the creation of protected areas that affect indigenous peoples’ ways of life (art.
39). This provision complements article 3 of the law, which prescribes consultation with indigenous
peoples before “consideration, formulation or implementation of any legislative, administrative or
development programmes or projects that may affect them directly or indirectly”. Article 3 also outlines
the basic characteristics of the required consultations in terms that generally comport with international
standards, and further provides for the procedures for consultation and participation of indigenous
peoples established by a Council of Ministers decree. Article 3 (6) states that the consultations must be
carried out in good faith, without pressure or threat, and with a view to obtaining the free, prior and
informed consent of the concerned indigenous peoples.
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