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.