A/HRC/4/32
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71.
The Special Rapporteur has talked to numerous indigenous women’s organizations,
which complained of discriminatory practices against women within their own communities,
such as forced marriages, the practice of giving children away to other families, frequent
domestic violence, child rape, dispossession of property, limited access to land ownership and
other forms of male patriarchal domination. For the most part, women are unable to take these
abuses before the courts and when they do they experience a lack of sympathy and fierce
pressure from the family and community. In many countries they have organized themselves to
confront this situation of gender discrimination and violence, adopting a human rights-based
approach.
72.
The Special Rapporteur recommends that States, civil society and the multilateral
organizations should implement adequately-funded special programmes for the protection,
defence and support of indigenous women and children who find themselves in the situations
described above.
K. Indigenous children
73.
The World Bank has found that indigenous children in five Latin American countries still
work more than non-indigenous children, although their level of schooling has by and large
risen. In Guatemala the proportion of non-indigenous working children has declined, while that
of indigenous children has remained the same. In Bolivia the incidence of child labour is four
times higher among indigenous children than among the non-indigenous population. In other
countries, such as the Philippines and Kenya, indigenous children work in mining activities,
prostitution, commercial farming and domestic service, while in other countries they are
involved in armed conflicts. Generally speaking, social policies do not address indigenous child
labour, which remains invisible and poorly understood.
74.
The Committee on Racial Discrimination reported in 2004 the growing sexual
exploitation of children and the rape of girls belonging to indigenous and tribal peoples in
regions where mining and forestry operations have developed (A/59/18, para. 195). The
Committee on the Rights of the Child expressed its concern at the situation of Batwa children
and the total failure to respect their rights at all levels (CRC/C/100, para. 162). It also expressed
its concern at the situation of indigenous children in the Republic of the Congo, although it
recognizes that progress had been made towards the approval of a law on indigenous peoples in
that country (CRC/C/COG/CO/1, para. 88).
75.
The Special Rapporteur recommends to Governments that they should take into account
and promptly implement the recommendations of the Permanent Forum on Indigenous Issues
and the Committee on the Rights of the Child concerning the protection of the rights of
indigenous children in vulnerable situations, especially in situations of migration, urban
environments, detention, forced eviction, and domestic and international conflict.
II. FUTURE INTERNATIONAL PROTECTION
OF INDIGENOUS RIGHTS
76.
The new trends and challenges analysed above only reinforce the need for standards and
mechanisms for the effective protection of indigenous peoples’ rights. The debate on the
United Nations Declaration on the Rights of Indigenous Peoples in the Human Rights Council