E/CN.4/2006/78
page 9
mention corrupt practices. The foregoing is not a criticism of any particular Government, but
reflects the complaints and reports that have reached the Special Rapporteur from numerous
indigenous sources on problems relating to the consistency of the various levels of public
administration with the requirements of international and domestic human rights legislation.
27.
The Constitution of Venezuela (1999) creates various public organizations responsible
for the effective promotion and guarantee of the rights of indigenous peoples, such as the right to
collective lands, special indigenous authority in the administration of justice, and indigenous
peoples’ rights to political participation and consultation. However, the Law on Indigenous
Peoples and Communities, which is supposed to regulate the Constitution’s achievements, has
still not been approved. So far it is the courts of justice, through a few significant rulings, that
have given practical effect to those achievements.
28.
The Constitution of Ecuador recognizes the multi-ethnicity and multiculturalism of the
State, as well as legal pluralism, collective rights including culture, language, territory, forms of
organization, indigenous authorities and the indigenous administration of justice. The organic
law needed to regulate the enjoyment and limitation of the exercise of those rights has so far not
been adopted.
29.
Chile’s Indigenous Peoples Act recognizes various rights of indigenous peoples. In 1991
and 2005 the Executive referred to the National Congress for its consideration a constitutional
reform bill on indigenous peoples, which has still not been approved. At the same time, the
Indigenous Peoples Act established the National Indigenous Development Corporation
(CONADI), which originally included indigenous representatives elected by the indigenous
peoples, but whose members are currently appointed by the Government. The Land and Water
Fund was created to purchase land through subsidies or in case of disputes. Regarding cultural
rights, the Act provides for the development of a bilingual intercultural education system in areas
with a dense indigenous population. There have been reports of delays and obstacles in these
two sectors that have limited enforcement of the law (see E/CN.4/2004/80/Add.3).
30.
In Bolivia the Political Constitution recognizes the country’s multi-ethnic and
multicultural make-up. The indigenous peoples’ social, economic and cultural rights are also
recognized, respected and protected, especially rights relating to their original community lands
and to the indigenous communities’ administrative and judicial functions. It is felt, however,
that many of these rights have had an effect only at the normative formal level and have not had
the expected impact on indigenous communities and peoples.
31.
In Colombia the 1991 Political Constitution establishes recognition of the traditional
reserves of indigenous peoples and respect for their cultures, languages and traditions, while land
is granted to the reserves under the law. It also establishes a special indigenous jurisdiction in
which indigenous law is recognized and exists side by side with the ordinary jurisdiction of
positive law. The Constitutional Court has had to resolve inconsistencies between the two
jurisdictions (see E/CN.4/2005/88/Add.2).
32.
Legislative advances have also been achieved in other countries of the region. In
Guatemala the Constitution recognizes the customs, forms of social organization, and languages
of the Maya indigenous groups. It also recognizes their forms of communal or collective land
ownership. But the organic law that should give effect to this set of provisions has not been