A/HRC/33/42/Add.1
participatory social, environmental and human rights impact assessments and good
faith consultations.
Access to justice
100.
The Special Rapporteur recommends that:
(a)
The judiciary, the legislature and the executive give urgent
consideration, in collaboration with representatives of indigenous peoples, to the
elimination of barriers that prevent indigenous peoples from realizing their right to
justice and guarantee that adequate resources be available to this end;
(b)
The Government initiate dialogue with indigenous peoples in relation to
the possible conduct of a national inquiry into the allegations of violations of their
rights, as well as raise awareness, recognize State wrongdoings and provide redress
for human rights violations.
Capacity of government agencies
101.
The Special Rapporteur recommends that the Government:
(a)
Provide adequate funding to FUNAI, strengthening its capacity to
deliver services and its role in protecting indigenous peoples’ land and selfdetermination rights. This necessitates revisiting cuts to its budget and ensuring that
local FUNAI offices are not the target of such measures. Local offices should have
adequate resources to be able to provide core services that are relied upon by other
organs of the State and by indigenous peoples, including those in voluntary isolation.
The National Council on Indigenous Policies should participate in the appointment of
the President of FUNAI, who should have the necessary technical competence and
political independence to fulfil the Foundation’s mandate;
(b)
Continue to support and strengthen the Special Department on
Indigenous Health of the Ministry of Health and the Department of Continuing
Education, Literacy, Diversity and Inclusion of the Ministry of Education;
(c)
Guarantee conditions for the independent and participative functioning
of the National Council on Indigenous Policies;
(d)
Develop a more responsive and targeted family allowance programme
for indigenous peoples, taking into account their specific situations;
(e)
Draw on lessons learned and the experience of FUNAI and the Public
Prosecutor’s Office in support of the implementation of indigenous peoples’ rights
and disseminate them among other government agencies, including higher level
government officials;
(f)
Ensure the provision of specific training and guidance on indigenous
peoples’ rights to members of the judiciary who address issues such as land rights,
prior consultation and adoption of indigenous children. This could include, for
example, collegial dialogues with members of the judiciary in countries with an
extensive body of jurisprudence on indigenous peoples’ rights, such as Colombia.
Recommendations to other actors
102. The United Nations country team should assume a proactive role in promoting
awareness of and respect for indigenous peoples’ rights in Brazil and assist the
Government in the realization of its duty to respect, protect and fulfil those rights. In
cooperation with and guided by indigenous peoples, the country team should support
indigenous peoples in their efforts to assert and realize their constitutionally and
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