A/60/358 The Special Rapporteur trusts that the report on his visit to Colombia will help to guide the operation of the new monitoring mechanism, and expresses his willingness to carry out an in-depth study of this phenomenon and its impact on indigenous communities. V. Conclusions and recommendations 65. The Special Rapporteur would like to add the following comments to the final observations and recommendations contained in his reports to the Commission on Human Rights. 66. The living conditions and the human rights situation of indigenous people have shown improvement in some countries and regions as a result of specific circumstances, such as the restoration of land to an indigenous community (Richtersveldt, South Africa), the settlement of a land dispute between two communities (Chimalapas, Mexico), the acquittal of indigenous leaders unjustly accused of forming an illegal terrorist association (Chile), the launching of a project to compensate indigenous women who have been victims of urban violence (Canada), the halting of large-scale construction projects which would have permanently eroded an indigenous community’s living conditions (the U’wa of Colombia) and the adoption of a law on resource management that respects the traditional rights of an indigenous group (Finnmark, Norway). 67. Many instances have been observed, however, in which indigenous people’s human rights have not been respected. In many places, the living conditions of indigenous communities are deteriorating as a result of political decisions, environmental and economic developments, administrative measures, demographic pressure, urban expansion, budgetary constraints and the impact of globalization. Armed conflicts on indigenous lands and their consequences are a recurring reality in many regions, and call for continual monitoring. Given this multiplicity of issues, it is almost impossible to give a short-term assessment of achievements, failures, progress and setbacks in any particular place. 68. The situation of indigenous persons who defend their communities’ human rights is especially worrisome. There has been an alarming increase in reported cases of harassment and persecution for such activities. 69. A matter of crucial importance, to which the Special Rapporteur plans to devote the thematic portion of his report to the Commission on Human Rights at its sixty-third session, is the growing gap between legislation on indigenous rights (such as constitutional reforms, indigenous laws and the ratification of international conventions and agreements) and the real, day-to-day situation of indigenous people in their communities. 70. All indications suggest that the main problem is not a lack of suitable legislation (although much remains to be done in that regard), but shortcomings in terms of implementation, the efficiency of institutions and the procedures and mechanisms for the full realization of human rights. If legal reforms in the area of indigenous people’s human rights are not accompanied by institutional, social and political reforms that open up new opportunities for broad democratic participation by indigenous people in the management of institutions, mechanisms and 16

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