A/HRC/39/17/Add.2
within the justice system should be strengthened and allocated sufficient resources.
Furthermore, greater attention should be paid to ensuring access to justice in cases
involving the protection of lands, territories and natural resources in the context of
megaprojects, land disputes, contamination and health risks.
118. Education programmes in indigenous languages on the rights of indigenous
peoples should be run in indigenous communities.
119. Steps should be taken to ensure that the criminal justice system is not used to
bring accusations against indigenous peoples who are legitimately defending their
rights, or the organizations that assist them.
120. It is necessary to speed up the investigation and punishment under criminal law
of persons responsible for threatening, attacking or killing indigenous human rights
defenders, including police and military officers charged with offences against
indigenous civilians, whose cases should be dealt with by the civil courts, in order to
strengthen guarantees of non-repetition. Paramilitary groups that commit human
rights violations in indigenous regions should be disbanded, disarmed and punished.22
121. Investigation, justice and reparation procedures in the Acteal case, and other
similar cases, should be expedited. The Ayotzinapa case should be investigated rapidly
and in accordance with the recommendations of the Interdisciplinary Group of
Independent Experts and the follow-up mechanism established by IACHR, and the
recommendations of the international system.
122. Security and protection measures and measures to ensure justice and
reparation for human rights violations should be designed with due regard for
gender-related factors and the situation of children, young persons and other
vulnerable sectors of the indigenous population.
Economic, social and cultural rights
123. It is important to step up efforts to obtain disaggregated data on the indigenous
population in order to improve the provision of health, education and other services,
taking into account gender, age and other relevant factors and based on the criterion
of self-identification. To that end, the relevant institutions should work together with
indigenous representatives to develop appropriate indicators.
124. Programmes and policies on the provision of bilingual intercultural education
and social services in indigenous territories and areas with an indigenous presence
should be designed and implemented in consultation, coordination and collaboration
with indigenous peoples and should incorporate their proposals. This includes
programmes that promote intercultural health and respect for traditional midwives,
which could be expanded.
125. There should be an increase in the financial resources provided to enable
indigenous peoples to develop and implement their own development and welfare
models, in the context of food sovereignty, the protection of biodiversity, community
water management, cultural heritage and other relevant issues.
126. Specific measures should be taken to address the discrimination faced by
indigenous women when they seek access to land and access to justice, including
sexual or obstetric violence and femicide. The centres managed by indigenous women
could be expanded and provided with the necessary operating resources.
127. Awareness-raising on the rights of women, discrimination and violence against
women and other relevant issues should be carried out in indigenous communities, in
consultation and coordination with organizations of indigenous women and the
communities concerned.
128. As regards indigenous persons in urban centres, migrants and day labourers,
the problems described above require a comprehensive and appropriate response. As
22
GE.18-10617
See ibid., paras. 89, 90 and 98.
19