A/HRC/18/35/Add.5
good practice in the region for the recognition and protection of the rights of indigenous
peoples.
42.
The law specifically targets the disadvantaged conditions of indigenous peoples, and
promotes their collective and individual rights. In brief, it prohibits discrimination against
indigenous persons (art. 2) and guarantees them a range of civil and political rights,
including equal access to justice (art. 10). It also affirms, as already noted (paras. 31 and
32), the right of indigenous peoples to recourse to their own customs for the resolution of
conflicts (art. 11) and provides for recognition of indigenous villages as administrative
entities (art. 12).
43.
A wide range of economic, social and cultural rights specific to indigenous peoples
are guaranteed. Title Six of the law addresses labour rights and provides for a framework
for the protection of the right to work and a number of positive measures to ensure the
enjoyment of those rights. Article 27 forbids any form of discrimination against indigenous
people, in respect of access to employment, labour conditions, training opportunities,
remuneration or social security. The forced labour or enslavement of indigenous peoples is
expressly forbidden, and punitive measures are imposed for those found in breach of this
prohibition (art. 29).
44.
Title Three of the law recognizes the right of indigenous peoples to maintain their
own culture (arts. 13 and 14), guarantees their intellectual property rights in respect of
traditional knowledge, including the right to benefit from the use thereof (art. 15), and
provides protection for cultural and spiritual objects and sacred sites (art. 16). Indigenous
traditional pharmacopoeias are also protected (art. 24), and any attempt to limit the ability
of indigenous peoples to practice their traditional medicine is forbidden, with punitive
measures established for breach of this prohibition (art. 25).
45.
Title Four of the law addresses education and guarantees discrimination-free access
to education (art. 17). The State commits to implementing educational programs that are
appropriate to the specific needs and lifestyles of indigenous peoples (art. 19).
Furthermore, article 18 forbids any form of instruction or information that disparages the
cultural identities, traditions, history or aspirations of indigenous people. Article 21 makes
clear that the State must take special measures to ensure that indigenous children benefit
from financial assistance at all levels within the educational system.
46.
Also guaranteed is access on a non-discriminatory basis to health care and all other
social services (art. 22). The law stipulates that the centres delivering these services must be
adapted to indigenous peoples’ needs in the areas in which they live (art. 23.1); it provides
for the participation of indigenous health-care workers in integrated primary health-care
services, and the organization by the State of vaccination programmes and reproductive
health-awareness campaigns (art. 23.2). The law further provides for the specific health
needs of indigenous women and children to be taken into account (art. 23.3).
47.
Importantly, the law also provides protection for the rights of indigenous peoples to
lands and resources. Specifically, it states that indigenous peoples, collectively and
individually, have a right to own, possess, access and use the lands and natural resources
that they have traditionally used or occupied for their subsistence, pharmacopeia and work
(art. 31). The State is obliged to facilitate delimitation of these lands on the basis of
indigenous customary rights, and has a duty to ensure legal recognition of the title
according to customary rights, even in cases where indigenous peoples do not previously
possess any kind of formal title (art. 32).
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