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78. The environmental pollution of many indigenous territories as a consequence of
mining operations, especially in Oruro and Potosí, and of hydrocarbon production in the
Chaco and Amazonian regions, has not been subject to effective environmental control by
the competent authorities, nor has it given rise to the proper consultation procedures to
which the indigenous peoples are entitled. Instead, it has posed serious problems to the
health and traditional economic activities of the indigenous communities. Despite the many
complaints submitted to this effect, there is a reported failure to provide redress and
compensation by those responsible for the polluting activities.
79. Urgent attention must be given to eliminating persistent servitude and forced labour
and the holding captive of some indigenous communities in the country, which are vestiges
of historic practices of landowner domination, as in the case of the Guaraní people in the
Chaco. By way of a solution, the Government is proceeding to the reversion of properties
where such conditions exist and to the restoration of the lands to their legitimate
indigenous owners.
80. The gradual encroachment on lowland indigenous territories as a result of the
extension of agribusiness, the exploitation of natural resources and an influx of settlers
from other regions of the country has left some indigenous peoples in a particularly
vulnerable position. The Yuqui and Ayoreo, and other peoples with whom contact has been
established only recently or who live in isolation, are experiencing a major social and
cultural upheaval and are frequently the victims of discrimination in their dealings with
other social sectors.
81. Bolivia is currently faced with the challenge of building a pluralistic, intercultural,
participatory, inclusive and democratic society. All sectors of the country - indigenous and
non-indigenous - now have the opportunity and the responsibility to contribute to this
historic process without resentment or hatred. If this is achieved in a peaceful and tolerant
manner and with a spirit of solidarity and mutual comprehension, all Bolivians will gain
from it.
VII. RECOMMENDATIONS
A. Legislation and institutional structure
82. The Special Rapporteur recommends that the National Congress of Bolivia should
carry out the legislative reforms needed to regulate the exercise of indigenous peoples’
rights as recognized in the draft new Constitution and in the United Nations Declaration on
the Rights of Indigenous Peoples, which has the status of domestic law. Priority should be
given to the regulation of indigenous autonomy and administration of justice, as well as to
the harmonization of sectoral legislation with indigenous peoples’ rights.
83. With regard to the exercise of indigenous self-determination and autonomy, the State
authorities must take indigenous peoples’ traditional structures of government and
territorial organization into account when formulating and implementing public policy.
The State might give consideration to redefining political and administrative divisions at
the local and regional levels in order to facilitate efforts to reconstitute indigenous
territories and forms of government.