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

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