A/HRC/51/28/Add.1
(d)
Take steps to ensure the presence of indigenous officials in State law
enforcement agencies, including in leadership positions;
(e)
Ensure that there are appropriate mechanisms in place to punish
discriminatory or racist behaviour against indigenous persons by law enforcement
agencies;
(f)
Investigate, try and punish the perpetrators of attacks, including threats,
against indigenous leaders;
(g)
Ensure the administrative and judicial investigation, prosecution and
punishment of the perpetrators of the alleged excessive use of force by the police against
indigenous persons involved in requisitioning land in China Kichá in March 2020;
(h)
Take appropriate individual and collective redress measures in respect of
indigenous victims, in particular those belonging to the Bribri and Bröran indigenous
peoples of Salitre and Terraba, respectively, for the murders of the indigenous leaders
Sergio Rojas Ortiz and Jehry Rivera, including, but not limited to:
(i)
Guarantees of non-recurrence by means of preventive programmes and
an early warning system, with the participation of the Office of the Ombudsman;
(ii)
Measures of satisfaction, such as a public apology.
(i)
Ratify the Regional Agreement on Access to Information, Public
Participation and Justice in Environmental Matters in Latin America and the
Caribbean.
Protected areas and environmental programmes
99.
The Special Rapporteur recommends that the State:
(a)
Include free, prior and informed consultation of and consent from
indigenous peoples as a prerequisite for the establishment of protected areas in
indigenous territories and in territories of cultural significance to indigenous peoples;
(b)
Ensure indigenous peoples’ participation
administration and control of protected areas;
in
the
management,
(c)
Guarantee access to and enjoyment by indigenous peoples of natural
resources so that they may engage in cultural, ancestral and subsistence activities;
(d)
Allocate adequate environmental funds, managed by indigenous people’s
own authorities, and ensure accessibility for management of those funds.
Access to justice
100.
The Special Rapporteur recommends that the State:
(a)
Continue to draft the policy on access to justice and conduct the necessary
assessments with the active participation of indigenous peoples, in accordance with
international standards, and with the technical assistance of OHCHR;
(b)
Investigate, prosecute and punish acts of violence, including sexual
violence against indigenous women, and discrimination against indigenous persons;
(c)
Remove the barriers to access to justice faced by indigenous women,
including women with disabilities;
(d)
Provide effective ongoing training on indigenous peoples’ rights, their
world view and reviewing treaty compliance for all local-level judicial staff, with a
particular focus on the elimination of racial discrimination, and take appropriate
measures to prevent and punish discriminatory and racist behaviour by prosecutors,
judges and the investigators of the Judicial Investigation Agency, especially in the
Canton of Buenos Aires;
(e)
Provide sufficient financial and human resources to ensure the availability
of culturally appropriate support services during judicial proceedings involving
GE.22-11025
17