E/CN.4/2004/80/Add.3
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59.
The sectoral legislation on land, water, mines and other sectors that may be in
conflict with the provisions of the Indigenous Peoples Act should be revised, and the
principle of the protection of the human rights of indigenous peoples should take
precedence over private commercial and economic interests.
60.
The Special Rapporteur suggests that the Government should take into
consideration the proposals contained in the report by the Historical Truth and New Deal
Commission on the legal, economic and cultural changes that are needed.
61.
The planned statute of autonomy for Easter Island (Rapa Nui) should contain
guarantees for the protection of the rights of the native Rapa Nui people over their land
and resources and their right to respect for their social organization and cultural life.
Poverty
62.
The Special Rapporteur recommends that the Government should, in consultation
with the indigenous communities and with the necessary technical assistance from the
United Nations system, set up a programme to reduce poverty among the country’s
indigenous communities, in accordance with the relevant millennium development goal,
with specific targets for indigenous women and children.
63.
Taking up the recommendations in a report on human development in Araucanía
prepared by UNDP, the Ministry of Planning and the University of La Frontera (“Informe
sobre el desarrollo humano en la Araucanía”), he also recommends that the Government
should continue with its efforts to compile disaggregated data on the indigenous and
non-indigenous population and that, in drawing up public policies, it should pay special
attention to rural areas and urban poverty and that more resources should be made
available to combat gender inequality. The Special Rapporteur recommends that these
initiatives be extended to the other indigenous communities in the country.
Land
64.
The Land Fund managed by CONADI for the acquisition of land for indigenous
people should expand and expedite its work, and its resources should be increased
substantially so that it can meet the needs of indigenous families and communities. Efforts
to recover indigenous lands should be stepped up, especially in Mapuche areas. In this
context, the Special Rapporteur appeals for the programmes aimed at rural indigenous
women to be strengthened and recommends, in particular, that a statistical study should be
carried out to assess the progress made in improving the conditions of rural indigenous
women, and that the study should include specific variants covering their health and
education.
65.
In addition to the granting of title for private pieces of land, traditional communal
indigenous territories containing resources for communal use should be reclaimed and
re-established.