A/HRC/30/54
72.
In response to this question, most States made reference to work to implement
international human rights treaties, such as ILO Convention No. 169 and the Convention on
the Elimination of All Forms of Racial Discrimination, rather than to treaties or other
constructive agreements with indigenous peoples. Peru indicated that it did not have any
treaties with indigenous peoples, but there were agreements arising from consultation
processes, which must follow national laws on prior consultation. Colombia reported on
measures it was taking to ensure the protection of indigenous peoples in voluntary isolation
and initial contact.
73.
Only one response from indigenous peoples addressed the specific issue of
constructive arrangements between States and indigenous peoples. Asociación Kuna
Unidos por Napguana highlighted the recognition of Kuna territory by the State in 1938,
and recognition of their authorities (Congreso General Kuna) in 1953. They also referred to
more recent national laws protecting cultural heritage and traditional handicrafts of the
Kuna people and the establishment of the Ngäbe-Buglé indigenous territory in 1997.
H.
Indigenous women, youth, children, elders, persons with disabilities
and any other vulnerable groups
74.
The questionnaire posed the following question to States: “Has the State taken any
particular measures to promote and protect the rights of indigenous women, youth, children,
elders, persons with disabilities and any other vulnerable groups (such as LGBT persons)?
If yes, please provide details. If not, please outline any plans to develop measures relating
to these groups.”
75.
In its follow-up study on access to justice, the Expert Mechanism drew attention to
the fact that indigenous individuals who belonged to other vulnerable groups often suffered
from discrimination on multiple grounds, which could put them in a particularly
disadvantaged situation with respect to their rights. The Expert Mechanism advised States
to “address the root causes of multiple forms of discrimination facing these groups,
including systemic biased use of discretionary powers, poverty, marginalization and
violence against indigenous women” (A/HRC/27/65, annex, para. 8).
76.
In response to this question, many States identified general policies aimed at
addressing the situation of women, youth, older persons and persons with disabilities. It
was not always clear from the responses whether there were specific programmes targeted
at indigenous persons within these groups.
77.
Since 2012, Colombia had implemented a programme for the protection of the rights
of internally displaced indigenous women, seeking to address the disproportionate impact
of forced displacement on this group caused by armed conflict. At the heart of this public
policy was the recognition of displaced indigenous women as subjects of special protection
by the State. The design of the programme included consultations with indigenous peoples.
Colombia also had a National Action Plan for the protection of the human rights of
indigenous women.
78.
Peru highlighted three particularly vulnerable groups identified in State policy:
indigenous individuals who did not have identification documents, which perpetuated the
level of invisibility within the State; indigenous peoples living in border areas where there
was very difficult access; and indigenous women, particularly in terms of including them in
national level plans and policies on gender.
79.
In Japan, the Third Basic Plan for Gender Equality approved by the cabinet in 2010
stipulated that measures should be taken for Ainu women in cases where they were forced
into difficult situations due to their gender.
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