A/HRC/18/35/Add.5 48. Furthermore, the law provides for consultations regarding measures that affect indigenous lands or resources or that entail the creation of protected areas that affect indigenous peoples’ ways of life (art. 39)27. This provision complements article 3 of the law, which prescribes consultation with indigenous people before “consideration, formulation or implementation of any legislative, administrative or development programmes or projects that may affect them directly or indirectly.” Article 3 also outlines the basic characteristics of the required consultations in terms that generally comport with international standards, and further provides for the procedures for consultation and participation of indigenous peoples to be established by a Council of Ministers decree. Article 3.6 specifically states that the consultations must be carried out in good faith, without pressure or threat, and with a view to obtaining the free, prior and informed consent of the concerned indigenous peoples. B. National Action Plan 49. A second significant initiative regarding the rights of indigenous peoples is the National Action Plan on the Improvement of the Quality of Life of Indigenous Peoples, 2009-2013. Developed jointly by the Ministry of Health, Social Affairs and Family, UNICEF and RENAPAC, the plan sets out significant outcomes (effets), as well as specific ways in which these outcomes can be realized, for the target period 2009-2013. 50. The plan also establishes significant targets and goals that would directly improve the lives of indigenous peoples. Priority area 1 encompasses education, including improving access of school-age indigenous children to good-quality primary education. The goals of the second area, which focuses on health, include improved access for indigenous persons to good-quality health and nutrition services, preventive HIV/AIDS care, potable water, and sanitation and hygiene services. The third thematic area, which deals with citizenship and legal protection, seeks to ensure that all indigenous infants and their parents acquire civil identity documents and that laws are reinforced to protect indigenous peoples and reduce discrimination and impunity. The fourth priority area, concerning cultural identity and access to lands and resources, targets negative national attitudes towards the cultures of indigenous peoples and aims to increase their participation in conservation and sustainable development activities, as well as improve their access to revenue-generating programmes designed to reduce extreme poverty. The final two thematic areas are dedicated to building the capacity of indigenous advocacy organizations. 51. The Special Rapporteur applauds these ambitious targets, and notes that the Indigenous Rights Law and the National Action Plan have the potential to be mutually reinforcing expressions of the Government’s strategic priorities for its relationship with and support of the country’s indigenous peoples. 27 14 The Special Rapporteur notes with concern that a provision contained in article 39 of the version of the law that was adopted by parliament was omitted in the final version of the law that was promulgated by the President of the Republic. The omitted phrase, which addressed the situation of already established protected areas, stated as follows: “In the case where protected areas are created on lands occupied or traditionally utilized by indigenous peoples, the State has the obligation to consult them and take measures to guarantee their access to those areas for traditional activities or subsistence needs, and include them in the management of the resources.” The Special Rapporteur hopes that the law, as it now stands, will be interpreted as implying this guarantee.

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