A/HRC/45/34/Add.1
participation in the education and health systems. The Government’s strategy to
improve indigenous peoples’ standard of living, although a positive step, would benefit
from the meaningful participation of indigenous peoples in its design and
implementation, from greater recognition of the need to protect indigenous peoples’
distinct identities and ways of life and from a sustained campaign to stop
discrimination against indigenous peoples.
106. Indigenous peoples remain in a position of stark disempowerment that can only
be reversed though financial and political commitments to fully implement Law No. 52011 and its implementing decrees. Additional policies need to be adopted and
implemented. The development of a national framework to define and accelerate the
demarcation of collective traditional lands of indigenous peoples and protect them
from further encroachment by logging, the extractive industries and conservation
projects would be a good starting point to restore some sense of pride and leadership
to disempowered indigenous communities.
B.
Recommendations
107. The Special Rapporteur recalls and reiterates all the recommendations in her
predecessor’s report on his 2010 visit, including those related to the elaboration of a
national campaign against discrimination, economic development that has due regard
for indigenous culture, identity, rights over land and resources, and enhanced
participation in decision-making and international cooperation. She urges the
Government, international donors, the United Nations country team, civil society
organizations and indigenous communities to work together towards their full,
effective and urgent implementation.
108.
The Special Rapporteur makes the following additional recommendations:
(a)
The Government must prioritize the effective access to and ownership of
lands for indigenous peoples, as this is a foundation for the realization of the other
rights enshrined in the United Nations Declaration on the Rights of Indigenous
Peoples. The recognition of both collective and individual rights to land ownership for
indigenous peoples is inscribed in Law No. 5-2011. All other existing laws should be
accordingly harmonized;
(b)
The Government should continue its efforts to adopt special measures to
help redress the human rights situation of indigenous peoples. Special measures, as
described by the Committee for the Elimination of Racial Discrimination in its general
recommendation No. 32 (2009) on the meaning and scope of special measures in the
International Convention on the Elimination of All Forms of Racial Discrimination,
should not be understood to be a form of discrimination. For example, it is important
for indigenous children to receive education in their mother tongue. Special measures
and policies to redress inequalities can be informed by reliably collected disaggregated
data;
(c)
RENAPAC should set aside its internal divisions and should be
supported, financially and substantively, in its work and in its effort to increase the
representativeness of its network and to reflect the range of interests of indigenous
peoples, including by gender, age and whether they live in an urban setting or follow a
traditional way of life. The Government should also seek to directly consult
indigenous peoples, including, in particular, women, children and people with
disabilities, for its action plans and strategies, including through consultations
organized jointly with indigenous leaders or communities in the various departments;
(d)
The Government’s engagement in favour of indigenous peoples, notably
through the implementation of Law No. 5-2011, must result in a sustained strategy at
all levels of society. National efforts for decentralization are crucial for successful
government action for indigenous peoples at the grassroots level. Sporadic, national,
high-level government events consisting of the distribution of materials and the
delivery of public speeches may be useful for drawing attention to certain issues dear
to both Bantu and indigenous communities but will not have a lasting effect unless
they are embedded in a more sustained, concrete and coordinated strategy at the
national and local levels;
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