E/CN.4/2006/78 page 12 43. In the Raposa Serra do Sol Indigenous Reserve in Brazil, which has been demarcated and registered for its indigenous peoples after many years of negotiations and formalities, acts that violate the rights of these communities continue to be performed, such as encouragement of immigration of people from other areas, concessions of land to mining companies, urban and farming settlements, and projects for hydroelectric works and a military base. Although the Ministry of Justice awarded definitive ownership to the indigenous people, contentious cases continue to be heard by the Superior Tribunal of Justice to the detriment of their rights. 44. In some countries the State has sometimes confronted the social struggles, claims and protests of the indigenous organizations with the implementation of terrorist laws. The Special Rapporteur considers that when ordinary crimes are committed under the umbrella of these movements, ordinary laws are sufficient for the maintenance of law and order. He considers that the use of exceptional laws is not only counterproductive, but forms a pattern of human rights violations. The Special Rapporteur recommends, in the cases that have come to his attention, that these laws should not be used to criminalize social protest and the struggles of the indigenous peoples; they should preferably be repealed. He is pleased to see that in Chile the Mapuche leaders charged with conspiracy to commit a terrorist act, for which they had been tried in mid-2005, were acquitted (see E/CN.4/2006/78/Add.1). 45. In the Asian countries with legislation on indigenous peoples, not all laws have been fully implemented. Conflict of laws often results in disregard of indigenous rights. A two-track system of land rights for indigenous people and for non-indigenous people creates confusion, which in turn leads to more abuses against indigenous persons. For instance, even if a land regulation gives priority to those with customary rights, in practice their claims are often ignored, and preference is given to other persons or enterprises. 46. In order fully to promote the protection and promotion of the rights of indigenous peoples, in some countries the institution of indigenous “ombudsman” or equivalent has been established. Or sometimes the office of the national ombudsman (where one exists) or equivalent (commissions, defenders’ offices and human rights attorneys) has a department or office devoted to these problems of the indigenous peoples. According to information received by the Special Rapporteur, these bodies often lack sufficient financial and human resources to tackle all the issues arising in their spheres, so that their response capacity is reduced. In addition to which a human rights ombudsman system generally occupies a secondary place in the national spectrum. 47. A comparative study by the Inter-American Institute of Human Rights shows that these bodies normally perform activities of investigation, mediation, proxy representation, and education. They sometimes propose legislative initiatives. As a general rule, they are institutionally fragile and not fully independent; their budgets are inadequate; their mandate is often not legally justified; they are not physically present in indigenous areas; they cannot investigate violations committed by private individuals; they lack qualified personnel; they do not maintain proper relations with indigenous organizations; and performance of their defence functions is poor. The study recommends institutional and legal strengthening, independence and civic support, stable and independent budgets, powers to investigate violations committed by