E/CN.4/2006/78/Add.2
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87.
In the case of indigenous communities that were dispossessed of their lands by
colonial and discriminatory legislation or practice before the Native Land Act of 1913,
positive legal and judicial action should be initiated to enable these communities and
individuals to file legitimate claims for restitution within a wider perspective of
human rights and transitional justice. Likewise, the Government is urged to provide the
necessary resources and technical cooperation to such indigenous communities, enabling
them to proceed in this direction.
88.
The land restitution process, in terms of collective land rights of indigenous
communities, should be accelerated, given the dire needs of many indigenous communities
around the country and indigenous communities should be provided with resources and
technical cooperation to pursue these claims successfully.
Poverty and exclusion
89.
Official social and economic statistics should be disaggregated to specify indigenous
communities, and special poverty reduction and social services delivery programmes
(such as health care, housing, nutrition, education and others) should be designed also to
target indigenous communities within South Africa’s efforts to meet its Millennium
Development Goals.
90.
Poverty reduction strategies focused on the needs of specific groups must include
also the indigenous communities, just as they are now focused on women, youth, or people
with disabilities. This will require an assessment of the specific needs and requirements of
these communities and the use of disaggregated data (which do not exist at present) when
monitoring the results of such policies.
Social services, education and health
91.
The relevant ministries should set up economic, social and human development
indicators for indigenous peoples, in order to ensure in official statistics the inclusion of
specific data on these peoples, as a basis for effective public policies and programme
planning for social services and economic development purposes.
92.
High-priority attention should be given to the needs and grievances of the
Khomai San in the Kalahari and an independent, accountable, self-financing development
authority should be established in consultation with the Khomani San to enable them,
among other issues, to manage efficiently the farms that they received as a result of their
successful milestone land claim in 1999.
93.
The inter-departmental task team for the development of Khoi-San communities
should be fully supported at the highest level by all government departments involved and
the need to promote and protect the rights of indigenous communities should be
acknowledged as a crosscutting human rights issue in all relevant departments.