E/CN.4/2004/80/Add.2
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significantly from the trend that has characterized indigenous policy for more than half a
century, but it is very much restricted by the limitations and cuts in the public budget and
the clear fact that the problem of the indigenous peoples is not one of high priority for the
Mexican State. Indigenous bilingual and +intercultural education has been one of the most
visible results of indigenous policy in Mexico, and certainly contributes to the cultural
rights of the indigenous peoples; the indicators for this educational sector, however, are
still below the national average.
V. RECOMMENDATIONS
63.
The present situation of the indigenous peoples of Mexico requires the Government
to adopt a series of urgent measures which should also involve a number of other entities.
The Special Rapporteur details below recommendations for action in various areas.
Constitutional legislation
64.
The Special Rapporteur recommends that the National Congress should reopen the
debate on constitutional reform in indigenous matters with a view to establishing clearly all
the fundamental rights of the indigenous peoples in accordance with existing international
legislation and the principles adopted in the San Andrés Agreements.
65.
He also recommends that the integrity of the lands of the indigenous groups
should be protected under the terms of article 27 of the current Constitution and the
Agrarian Act.
66.
On the basis of the Constitution as the minimum standard, and pending further
reform the State legislatures should draw up, in close consultation with the indigenous
peoples, legislation recognizing, protecting and promoting the fundamental human rights
of the indigenous peoples in each State.
Peace process
67.
The pursuit of a negotiated peace in Chiapas should be resumed as a high priority
item on the domestic policy agenda of the Federal Government.
68.
The Special Rapporteur recommends that the State should respect the existence of
the “Caracoles and Good Government Boards”, and be constantly ready to collaborate
with these bodies as required, in order to facilitate a peaceful solution to the conflict in
Chiapas.
69.
The Special Rapporteur recommends that the Zapatista National Liberation Army
(EZLN) should renew contact with the various Mexican State authorities in order to
reactivate a dialogue which could lead to a just and lasting peace that fully respects the
fundamental rights of the indigenous peoples.
ILO Convention No. 169
70.
Convention No. 169 should be implemented in all legislation and by all bodies
concerned with the rights of the indigenous peoples.