A/HRC/39/17/Add.3
Access to justice and protection of defenders
(a)
The Public Prosecution Service should ensure that its policy on access to
justice for indigenous peoples is more strictly applied. All administration of justice
officials should be trained in international standards on the rights of indigenous
people and in indigenous jurisdiction and these subjects should be included in legal
studies curricula. More interpretation services should be provided and the importance
of anthropological studies recognized. Action should also be taken to ensure that staff
of the Public Prosecution Service follow internal guidelines in the investigation of
crimes against human rights defenders;
(b)
It is essential that collective and culturally appropriate measures of
protection be adopted for indigenous peoples and individuals at risk for their defence
of their rights. Such measures should be developed in consultation with the indigenous
beneficiaries and the relevant institutions, with a view to addressing the underlying
risk factors. The State should adopt a public policy on protection for human rights
defenders and strengthen the office for the analysis of attacks against human rights
defenders;
(c)
The current General Telecommunications Act should be reformed in
order to ensure access by indigenous community radio station to State-authorized
radio frequencies;
(d)
The country’s high courts should rigorously apply the criteria on
compliance with treaties and reasonable conduct in order to create a consistent
jurisprudence that is in conformity with international standards on the rights of
indigenous peoples;
(e)
punished;
Threats against judges and magistrates should be investigated and
(f)
The State should ensure the full implementation of domestic legal rulings
and of protective measures and rulings of the inter-American system on the rights of
indigenous peoples.
Free determination, self-government and indigenous justice
(a)
The State should give effect to the recognition of indigenous justice
under the Constitution and the country’s international obligations and its alignment
with ordinary justice. The indigenous peoples’ own systems of government and
authorities should also be recognized and respected and guarantees should be
provided that no new bodies will be established to replace them;
(b)
The State should ensure that indigenous peoples are provided with the
appropriate measures to realize their rights to free, prior and informed consultation
and consent, in accordance with international standards on the rights of indigenous
peoples.
Health and education
(a)
A plan of action should be developed and implemented, in cooperation
with the indigenous peoples, to eliminate malnutrition as a national priority;
(b)
The National Policy on Indigenous Midwives should be provided with
the necessary funds for its full implementation;
(c)
The State should increase the budget for health and intercultural
bilingual education and ensure that such services are accessible and culturally
appropriate, including for indigenous persons with disabilities. Disaggregated and
updated data on school dropout rates should be established.
Indigenous women and girls
(a)
Affirmative measures should be adopted in order to ensure indigenous
women’s political participation and access to justice. Indigenous authorities should
undertake to ensure access to justice for indigenous women and political participation
in their jurisdictions;
GE.18-13268
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