E/CN.4/2003/90/Add.2
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origin. The application of the law on the granting of supplementary titles may continue to result
in dispossession, and hence in conflicts between landowners and communities, and between one
community and another.
27.
The machinery set up so far to implement the commitments enumerated in the Agreement
on Identity and Rights, such as the Land Trust Fund and the programmes for the resettlement of
displaced and returning groups, has proved inadequate to the task of modifying the existing
situation, and, even to the extent that it has been used, has been unable to make up the
accumulated backlog, deal with new demands for land, settle disputes and rectify inequalities in
land distribution. New developments have worsened the situation in recent years: the
establishment of protected areas or forest reserves, and the granting of mining and forestry
rights. As a rule these measures exclude the indigenous groups who have settled in or near such
areas from exploiting the resources, fail to take into account their impact on the needs of the
communities, make no provision to address such impacts and have been drawn up without
consultation with those concerned.
28.
Access to land for indigenous women is problematic. Despite the provisions of the Peace
Agreements, widowed or separated women or those who have married for a second time do not
succeed in gaining title to their property (communal or personal), recovering family property or
acquiring new land under cooperative or other programmes. Such problems are growing in
complexity, but there is no land court or other formal machinery for settling land disputes, which
are increasingly heard in the criminal courts in the form of proceedings for dispossession or
illegal seizure. This also leads to serious tension and conflicts between those responsible for law
enforcement (the courts, the public prosecutors and the police) and the leaders of the indigenous
peoples, who have traditionally played a role in regulating access to land and settling land
disputes.
29.
Labour relations in the rural areas have also failed to undergo substantial changes
compared with the situation before the domestic armed conflict. Practices persist whereby
indigenous workers are recruited and moved away to work in traditional and new plantations, as
well as other ways of recruiting temporary labour at wages falling below the legal minima,
without social security coverage or respect for basic rules relating to pay, security of
employment or working conditions. This situation affects indigenous women and children
especially severely.
30.
To some extent, this lack of security in the labour sphere, particularly for women, is
repeated in the new workplaces set up under the legislation on export processing zones.
Representatives of groups of indigenous women informed the Special Rapporteur of the poor
working conditions in such plants and said that indigenous women are victims of racist attitudes
and discriminatory practices on the part of the employers or their representatives. One such
practice involves a ban on wearing traditional dress in the workplace.
31.
The unfair distribution of land, restrictions on access to other natural resources, the lack
of jobs and the insecure working conditions combine to create a general lack of food security
which particularly affects indigenous children. Some of those interviewed informed the Special
Rapporteur of situations that could be described as starvation.