A/HRC/30/41/Add.1
systems, arrangements for expedited legal action and on-site monitoring systems,
in order to ensure the security of land tenure of indigenous peoples and to
prevent third parties from intruding into their lands, while imposing appropriate
penalties for such intrusions when they occur and compensating the affected
communities for any damage that they may have sustained;
(d) The provision of training to the police force and other law enforcement
agencies of the State regarding the rules of international law concerning the
forced eviction of indigenous peoples so as to ensure that their actions are fully
consistent with international human rights standards and international
instruments relating to the rights of indigenous peoples;
(e) The full implementation, as a matter of urgency, of the decisions
handed down by the Inter-American Court of Human Rights in the Yakyé Axa,
Sawhoyamaxa and Xakmók Kasék cases, including measures relating to
appropriate procedures for the adjudication of land titles.
Access to justice
80.
The Special Rapporteur recommends:
(a) The establishment of a specialized unit of the Public Prosecution
Service within the criminal justice system to deal with offences involving the
collective or individual rights of indigenous peoples. The Attorney General’s
Office should grant this unit the powers, resources and means that it needs to
conduct its work in the nation’s courts in a prompt and efficient manner. This
unit should, in addition, submit such applications and petitions to the nation ’s
criminal courts as may be necessary to help to ensure that the courts’ decisions
are in conformity with international human rights standards concerning the
rights of indigenous peoples;
(b) The establishment of prosecution services and courts specializing in
indigenous law that are empowered to assert jurisdiction over civil cases relating
to indigenous peoples, communities, families and persons or, alternatively, the
adoption of legislative reforms that establish special procedures in each
jurisdiction in order to guarantee full respect for indigenous peoples’ rights as
recognized in the Constitution and in international human rights law. It is also
recommended that steps be taken to ensure that these justice officials possess
adequate experience in the area of indigenous peoples’ rights;
(c) The redoubling of efforts to provide training to judges and other
justice officials regarding indigenous peoples’ rights and legal systems and to
harmonize the national and indigenous legal systems;
(d) The adoption of the necessary measures to provide prompt and full
reparation for all the violations of indigenous peoples’ human rights that have
been documented by the Truth and Justice Commission, in accordance with
international human rights standards and the rights of indigenous peoples, and of
the measures and action plans that are needed to comply with the Commission’s
recommendations.
Racism and discrimination
81.
The Special Rapporteur recommends:
(a) The immediate adoption of a general law prohibiting all forms of
discrimination, including discrimination against indigenous peoples;
GE.15-13734
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