A/HRC/11/11 page 7 natural resources; and rights to cultural identity and to intercultural education. The draft also provides for indigenous participation in the operational structure of the State, including the Plurinational Legislative Assembly and the Plurinational Constitutional Court, while also recognizing that indigenous institutions are “part of the general State structure” (art. 30.5). 18. Along with the process of constitutional reform, the Government promoted legislative reform in various areas of special interest to indigenous peoples. Particularly noteworthy is the adoption in November 2006 of the Community-Based Agrarian Reform Renewal Act (No. 3545) and, in August 2007, of its Regulations (No. 29215), which gave fresh impetus to the recognition and distribution of indigenous lands; the 2007 Regulations on Consultation and Participation in Hydrocarbon Activities (Supreme Decree No. 29033); and the Regulations on Socio-Environmental Monitoring of Hydrocarbon Activities in the Territory of Native, Indigenous Peoples and Peasant Communities (Supreme Decree No. 29103). C. New institutional framework and public policy 19. One of the first decisions of the new Administration was to abolish the Ministry for Indigenous and Native Peoples’ Affairs (MAIPO), which had been established in 2003, as it was considered discriminatory in a country with a predominantly indigenous population. MAIPO was replaced by an approach designed to mainstream indigenous affairs into the public policy agenda at all levels, responsibility for which now lies with such bodies as the Indigenous Rights Mainstreaming Unit and the Inter-agency Technical Committee for Indigenous Peoples, which are attached to the Ministry of the Presidency. Also established were the Vice-Ministry of Community-Based Justice, which is attached to the Ministry of Justice, and the Vice-Ministry of Traditional Medicine and Interculturalism, which is attached to the Ministry of Health. 20. The dissolution of MAIPO prompted frustration among some indigenous organizations and development cooperation agencies, in that MAIPO had served as a focal point for policies relating to indigenous peoples. Although it is still too early to evaluate the impact of this change in policy, necessary precautions should be taken in order to avoid disrupting channels of communication between the organs of the central Government and the indigenous peoples. 21. The Government has also announced its intention to implement the provisions of the Hydrocarbons Act requiring 5 per cent of the income generated by the Direct Tax on Hydrocarbons to be earmarked for the establishment of the Fund for the Development of Indigenous and Native Peoples and Peasant Communities, which is currently endowed with 436,221,212 bolivianos (approximately US$ 57 million). However, according to information received, the Fund has so far been underused and still has only a very limited portfolio of projects for actual implementation. 22. It is worth noting that the United Nations country team includes an inter-agency working group on interculturalism, which brings together the heads of the various agencies and organizations whose programmes and activities have particular relevance for the indigenous peoples of Bolivia. This working group is part of the National Council for Dialogue among Indigenous, Native, Peasant Peoples and the United Nations System - a progressive mechanism for consultation and dialogue with the main indigenous organizations in the country. Also worth

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