A/HRC/21/47/Add.2
94.
The Government should investigate the allegations of serious irregularities in
the procedures involving existing agricultural and extraction projects, with a view to
developing new consultation processes if necessary.
National parks and protected areas
95.
The Government should review its policy on establishing national parks and
protected areas in order to ensure that they do not infringe the rights of indigenous
peoples to their lands and natural resources within these areas. It should also remedy
the situations in which the establishment of national parks or protected areas has
hindered the enjoyment of these rights.
96.
In addition, the Government should guarantee suitable processes for
consultation with indigenous peoples when a proposal is made to establish a national
park or protected area that might adversely affect them. It should also encourage and
take measures to ensure that the indigenous peoples who live in or around these areas
share in any tourism or other benefits generated by these sites if they so wish.
97.
With regard to Quebrada de Humahuaca, listed by UNESCO as a world
heritage site, the Federal Government, the provincial government of Jujuy and
representatives of UNESCO should increase the participation of indigenous peoples
from the surrounding areas in the management of the site, while ensuring that these
peoples can continue to carry out their traditional and subsistence activities within
Quebrada de Humahuaca.
Evictions and access to justice
98.
The multiple cases of evictions of members of indigenous peoples from land
claimed by them on the basis of their traditional or ancestral occupation of it are of
great concern to indigenous peoples throughout the country.
99.
The Special Rapporteur calls on the Federal Government and, especially, the
provincial governments and the courts, to apply the letter and spirit of Act No. 26160
and Act No. 26554 and suspend all legal or administrative proceedings to evict
indigenous communities until a technical and legal survey has been conducted of the
lands occupied by indigenous peoples. In particular, immediate measures should be
taken to respond to the demands of indigenous communities facing an imminent risk
of eviction.13
100. All necessary measures should also be taken to remove any obstacles faced by
indigenous peoples in their efforts to obtain access to justice, especially in relation to
their efforts to protect their rights to their lands and natural resources.14
101. Training programmes should be launched for judicial officials at the federal
and provincial levels on national and international standards concerning indigenous
peoples, and in particular on their rights to their lands and natural resources. This
could include discussion forums for judicial officials and, inter alia, academics, jurists
and representatives of the United Nations system, for the purpose of exchanging
experiences and knowledge in this area.
13
14
GE.12-14947
See also CCPR/C/ARG/CO/4, CERD/C/ARG/CO/19-20, paras. 20 and 26.
See also CERD/C/ARG/CO/19-20, para. 21.
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