E/CN.4/2006/78
page 14
53.
The Committee on the Elimination of Racial Discrimination, in its concluding
observations on the sixteenth to eighteenth periodic reports of Argentina, expressed
concern at the fact that Argentina has not enacted the necessary laws for implementing
ILO Convention No. 169. In the light of its general recommendation No. XXIII, the Committee
urges the State party fully to implement that Convention and to adopt, among other things, a
general land tenure policy and effective legal procedures to recognize indigenous peoples’ titles
to land and to demarcate territorial boundaries. The Committee also regrets that, despite the
State party’s efforts, the right to a bilingual and intercultural education for indigenous peoples
recognized by the Constitution is not fully respected in practice (see CERD/C/65/CO/1).
54.
For its part, the Committee on the Rights of the Child expresses its concern about the
limited access to education for children belonging to indigenous groups and the low relevance of
the current bilingual educational programmes available for them in Peru. Prior to that, in 1999
the Committee on the Elimination of Racial Discrimination had noted with concern reports that
interpreters are not in practice available to monolingual indigenous people and that legislation
has not been translated into the indigenous languages.
55.
In 2003 the Committee on Economic, Social and Cultural Rights expressed its concern at
various violations of the human rights of indigenous peoples in Guatemala and the lack of
progress made by the State party towards the effective implementation of the Peace Agreements
of 1996, which have led to serious and persistent problems, such as violence at the national level,
intimidation, corruption, impunity and lack of constitutional, fiscal, educational and agrarian
reforms (see E/C.12/1/Add.93). The Human Rights Committee voiced similar concerns in 2001
(see CCPR/CO/72/GTM). The Committee against Torture, for its part, drew attention in 2000 to
racial discrimination against indigenous persons in prisons and regretted the failure to implement
its recommendations regarding the real situation of indigenous women, which showed the need
for the Government to review its actions and improve them in favour of Guatemalan women.
The Special Rapporteur duly reported these matters in the report on his mission to Guatemala
(E/CN.4/2003/90/Add.2).
56.
Regarding the topics mentioned and that of prior and informed consultation, one must not
underestimate the importance of ILO Convention No. 169, which is gaining increasing
recognition as an ineluctable international standard for the protection and promotion of these
peoples’ human rights and must be underscored, especially in its participatory aspect. Moreover,
the provisions of this Convention are an excellent instrument of dialogue, which must be made
the most of in this context.
57.
The ILO Committee of Experts can receive communications from the indigenous peoples
through employers’ and workers’ organizations and reports from Governments on specific
situations relating to the fulfilment of the obligations assumed by the State under the Convention.
Although only 17 member States have so far ratified this Convention, it is of decisive regional
influence since it has been ratified by virtually all the countries of Latin America, is used as a
framework for donor countries’ cooperation activities and serves as an influential model in Asia
and, more recently, in Africa. In parallel with the procedure involving the Committee of
Experts, there is a complaints procedure involving the ILO Governing Body through which
many complaints have been lodged. Indigenous peoples display a high level of participation in
these mechanisms, attesting to the need for international monitoring bodies and to the topicality
of the issues regulated by the Convention.