A/HRC/24/41/Add.3
they attribute to either a resistance towards the recognition of certain groups or a lack of
disaggregated data.
c.
Religious discrimination
33.
Discrimination against indigenous peoples whose religious beliefs are distinct from
the majority populations is also widely cited matter of concern. The Special Rapporteur was
informed that sites considered sacred by indigenous peoples under their own religions and
belief systems have been desecrated or destroyed by large-scale development projects, and
that reparations for environmental damage, where they have been provided, have allegedly
failed to take the religious significance of these sites into consideration. Religious
discrimination is also manifested in attempts to convert indigenous peoples to mainstream
religious beliefs. Finally, religious discrimination has allegedly resulted, at least in one
country, in the wilful burning of indigenous peoples’ temples, as well as in the inciting of
hate campaigns.
d.
Political participation
34.
Indigenous peoples throughout the region allegedly have been excluded from full
participation in political life. Only a few States facilitate some such participation, through
quotas or other means, although other countries have started to address the issue.
Indigenous representatives suggest that, given that indigenous representation in legislative
bodies and the exercise of legislative power to protect indigenous peoples have been
limited, it has often been more effective for indigenous peoples to seek action by the
executive and judicial branches of the State. Indigenous peoples are, however, taking
initiatives to increase their participation in the creation, promotion and implementation of
policies and practices in relation to the realization of their rights. Nonetheless, it was also
noted that powerful positions at national, provincial and district levels are generally not
held by indigenous peoples.
35.
A general observation made by indigenous peoples was that, in contexts where
political patronage plays a major role in local and national politics, it was important for
traditional authorities to avoid being politicized and the distinction between electoral
representation and traditional representation should be respected. In some contexts, local
government officials were regarded as beholden to political parties and thus rendered
ineffective in upholding community rights, especially in the context of central governmentauthorized projects.
e.
Customary justice
36.
Indigenous peoples regard the exercise of their right to self-determination as
contingent on their freedom to maintain, develop and engage their own legal systems.
While some progress in recognizing indigenous peoples’ rights to resolve conflicts in
accordance with customary laws has been made, the Special Rapporteur was informed that
a lack of education of government agencies education about customary justice systems
presents an obstacle to the use of customary laws and procedures for conflict resolution.
IV. Conclusions and recommendations
37.
In light of the information received during the Asia consultation, the Special
Rapporteur respectfully submits a number of overarching conclusions and
recommendations. He understand that many of the concerns raised at the consultation
are already being addressed by the Governments concerned, and that there are a
number of positive developments in the region that were not addressed during the
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