E/CN.4/2006/78
page 22
II. RECOMMENDATIONS
93.
The Special Rapporteur recommends that Governments should assign high priority
to the quest for concrete measures and actions that will help close the existing gap between
laws for protecting the human rights of indigenous people and their practical
implementation.
94.
They should develop a coordinated and systematic policy, with the participation of
the indigenous peoples, that cuts across the various ministries concerned with indigenous
issues.
95.
They should establish, in consultation with the institutions representing the
indigenous peoples, bodies for consultation and participation on all general and particular
measures that affect them, with special attention to legislation, natural resources and
development projects.
96.
Aware that the establishment of appropriate intercultural consultation and
participation mechanisms can only come from a process and not from a single action, they
should formulate flexible mechanisms and create national commissions that can evaluate
the manner in which such mechanisms operate and make the necessary adjustments.
97.
In parallel with the new laws, they should establish monitoring and evaluation
mechanisms and practices and mechanisms for the implementation of the standards
established with the participation of the indigenous peoples.
98.
Parliaments should establish, where they do not yet exist, commissions on
indigenous affairs and on human rights, and those already in existence should be made
responsible for ensuring that legislative proposals respond effectively to the needs and
requirements of the indigenous peoples in consultation with those peoples. Likewise, they
should carefully monitor use of the budgets allocated to the areas of protection and
promotion of the rights of indigenous peoples and communities.
99.
The necessary statutory and organic laws should be enacted as soon as possible in
consultation with the representative institutions of the indigenous peoples, for the effective
implementation of the standards established in laws on the human rights of the indigenous
peoples.
100. In cases of inconsistency between laws, priority and precedence should be given to
those that protect the human rights of the indigenous peoples, and conflicts that may
arise from such inconsistencies should be resolved in good faith and by common
agreement.
101. Independent mechanisms should be established for determining the appropriate
criteria and indicators for systematic monitoring of enforcement of laws concerning the