A/60/358
defenders, who are harassed and persecuted in many countries. These situations
continue to be of particular concern.
35. Defending the human rights of indigenous people in situations characterized
by severe political and social conflict (but not necessarily armed conflict)
sometimes leads to showdowns between indigenous social organizations, private
security companies that operate in many rural areas to protect the interests of big
landowners and State security forces. As the Special Rapporteur pointed out in his
report to the Commission on Human Rights, such social conflicts are often
ultimately referred to the criminal justice system instead of being addressed through
constructive negotiation on social policy.
36. The Special Rapporteur is troubled that Governments increasingly apply new
or old counter-terrorism laws to leaders of these social movements, thereby
criminalizing legitimate activities for the defence of indigenous people’s human
rights. On 20 July 2005, he expressed his concern to the Government of Chile and
issued a public communiqué about the trial of a group of Mapuche leaders in the
city of Temuco, who were accused of forming an illegal terrorist association in
connection with a social conflict over land. Fortunately, in July 2005 the Chilean
courts handed down a favourable decision acquitting the indigenous leaders.
37. The situation of indigenous children continues to be harrowing in many
countries. Of particular concern are cases of forced recruitment of indigenous
children and youths by armed groups, and in some cases by organized crime. The
continuing practice of child labour by indigenous children, especially girls, as a
response to poverty is a matter of considerable gravity. According to the United
Nations Children’s Fund (UNICEF), in Latin America and the Caribbean most such
children work in mines, fields and factories, as well as in domestic service. This
also occurs in Asia and Africa. In many rural indigenous communities, the use of
child labour in agricultural work and related activities is essential for families’
survival. This pattern of behaviour seriously hinders school attendance and explains,
in part, the low educational achievement indices of indigenous children and youths
in various regions.
38. Although child labour in indigenous communities is primarily the result of
poverty, it is a multidimensional problem in which factors such as discrimination,
migration, crime, lack of educational programmes and inadequate social protection
also come into play. Especially vulnerable are indigenous and tribal girls and
adolescents, who are often forced into human trafficking networks, prostitution
rings or other forms of sexual exploitation at an early age. Although many countries
have signed and ratified numerous conventions and agreements prohibiting child
labour, the failure to implement these instruments at the national and local levels
suggests that this scourge is not being addressed effectively.
A.
Poverty and the enjoyment of human rights
39. Poverty traps indigenous people in a permanent cycle of exclusion, and is
therefore one of the most serious violations of their human rights. While
strengthening their efforts to achieve the Millennium Development Goals,
Governments and national and international agencies should pay particular attention
to pockets of hard-core poverty such as those found among indigenous and tribal
populations, who are still the most excluded social and ethnic groups in many
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