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 19

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