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IV. Visits and activities
55. A crucial part of the mandate of the Commission’s Special Rapporteur is the
practice of visiting countries to begin a constructive dialogue with their
Governments, indigenous communities and other relevant organizations and to
inform the Commission on Human Rights about the situation of indigenous peoples.
Visits are an excellent path to on-the-spot understanding and analysis of the
situation of indigenous peoples in different circumstances and are an important tool
for raising awareness within the international community.
56. The Special Rapporteur’s fact-finding missions took him to Guatemala and the
Philippines in 2002, Mexico and Chile in 2003 and Colombia and Canada in 2004,
at the invitation of those countries’ Governments. During the visits, he had meetings
with the States’ Heads of Government and senior officials, with representatives of
civil society and with representatives of many indigenous communities. He believes
that the fact-finding missions are a clear sign of growing cooperation between
Governments and the United Nations regarding the human rights of indigenous
people. This report provides a summary of main conclusions and recommendations.
57. The Special Rapporteur visited Guatemala from 1 to 11 September 2002 (see
E/CN.4/2003/90/Add.2). Indigenous people (around 12 million Maya, Xinca and
Garífuna) experience political exclusion, cultural discrimination and economic
marginalization within the country’s society. One of the fundamental problems
affecting them relates to the right to land: the lack of access to land, the lack of
response to land-related claims, lack of respect for traditional places and forced
resettlement of indigenous peoples as a result of economic development projects
create a situation of rising social tensions. The indigenous peoples complain of
difficult access to the courts, discrimination against their customary law and the lack
of interpreters using indigenous languages in the courts. In the field of education —
a priority area for the indigenous peoples — there are as yet insufficient trained
teachers, and other educational resources are inadequate. The Special Rapporteur
recommends that the Government should expand its activities and upgrade the
policies affecting the indigenous peoples, and renew its commitment to the
implementation of the Peace Agreements. He also recommends that the indigenous
peoples’ organizations and other non-governmental organizations should take steps
to draw up a joint programme to promote the implementation of the Agreement on
Identity and Rights of Indigenous People, which forms part of the Peace Agreements
signed in 1996.
58. During his official visit to the Philippines in December 2002 (see
E/CN.4/2003/90/Add.3), the Special Rapporteur found a lack of implementation of
laws relating to the right to land, self-determination and cultural integrity of
indigenous peoples. The main problems which those groups faced were the negative
effects of a number of development projects. Indigenous resistance and protest
against such projects were frequently countered by military force involving
numerous human rights abuses. The Special Rapporteur made a number of
recommendations. Notably, he considered it important for the Government to carry
out an effective investigation of the numerous human rights violations committed
against indigenous peoples, and take all necessary measures to prevent a recurrence.
Given divisive effects on indigenous communities caused by irregular military units
or paramilitary groups, the Special Rapporteur urged the Government to implement
a programme to demilitarize indigenous peoples’ territories. He also recommended
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