A/HRC/33/42/Add.2
on mayors, local and national justice officials and members of the police, the armed
forces and private security forces. This should be accompanied by effective
procedures for monitoring, supervising and assessing public and private officials on
their respect for and implementation of these international standards.
84.
It is recommended that consultations be held with the widest possible range of
representative bodies of the country’s indigenous peoples on the various legislative
and public policy initiatives relating to indigenous peoples (paras. 12 to 17) and that
their own legislative and policy proposals should be considered. Under article 19 of
the United Nations Declaration on the Rights of Indigenous Peoples, consultations
must be held on such legislative or other measures in order that the free, prior and
informed consent of indigenous peoples is obtained before their adoption.
85.
Honduras must examine the compatibility of current legislation and policies in
the areas of property, natural resources, mining, hydrocarbons, energy projects,
model cities, tourism, protected areas, forest issues and agro-industry with the
country’s international obligations on indigenous peoples, taking into account the
constitutional status of international human rights instruments. The implementation
of the law should not be to the detriment of the rights contained in the international
instruments on indigenous peoples. Reforms or amendments to the law should be
made in consultation with the indigenous peoples, in accordance with international
standards.
Violence, impunity and access to justice
86.
More resources are needed to strengthen the justice system for the
investigation, prosecution and punishment of State officials or individuals responsible
for the murder of members of the indigenous peoples and other forms of violence,
including violence against indigenous women and children. This should include the
investigation and punishment of members of the police, the armed forces and private
security forces who commit such acts of violence.
87.
It is recommended that Honduras engage in special investigations and impose
criminal sanctions in particularly serious cases, such as the situation of Tolupán in
Locomapa (para. 22), targeting not only those responsible for the killings but also the
land issues that lie behind the violence against the Tolupán. With regard to the
murder of Ms. Berta Cáceres, it is recommended that the Government request and
accept technical assistance from international bodies and independent experts, as Ms.
Cáceres’ family and representatives of indigenous organizations and civil society have
asked.
88.
Criminal policy should take account of the causes underlying the protests over
land and the other claims by indigenous peoples, with a view to promoting solutions to
these causes and not imposing unnecessary or excessive punishments on indigenous
demonstrators.
89.
Mechanisms for the protection of human rights defenders, including those
granted protective measures by the Inter-American Commission on Human Rights,
should be extended, strengthened and given the necessary resources to cover
indigenous leaders and their families who are dedicated to the defence of their
peoples’ rights. Protective measures should be developed in consultation with the
indigenous persons concerned. Effective early warning systems should be established
and urgent action taken jointly with indigenous peoples to prevent attacks against
members and leaders of the indigenous peoples.
90.
With regard to the drug trafficking and organized crime found on indigenous
lands, security measures must be developed in consultation with the peoples
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