E/CN.4/2004/80/Add.2 page 20 significantly from the trend that has characterized indigenous policy for more than half a century, but it is very much restricted by the limitations and cuts in the public budget and the clear fact that the problem of the indigenous peoples is not one of high priority for the Mexican State. Indigenous bilingual and +intercultural education has been one of the most visible results of indigenous policy in Mexico, and certainly contributes to the cultural rights of the indigenous peoples; the indicators for this educational sector, however, are still below the national average. V. RECOMMENDATIONS 63. The present situation of the indigenous peoples of Mexico requires the Government to adopt a series of urgent measures which should also involve a number of other entities. The Special Rapporteur details below recommendations for action in various areas. Constitutional legislation 64. The Special Rapporteur recommends that the National Congress should reopen the debate on constitutional reform in indigenous matters with a view to establishing clearly all the fundamental rights of the indigenous peoples in accordance with existing international legislation and the principles adopted in the San Andrés Agreements. 65. He also recommends that the integrity of the lands of the indigenous groups should be protected under the terms of article 27 of the current Constitution and the Agrarian Act. 66. On the basis of the Constitution as the minimum standard, and pending further reform the State legislatures should draw up, in close consultation with the indigenous peoples, legislation recognizing, protecting and promoting the fundamental human rights of the indigenous peoples in each State. Peace process 67. The pursuit of a negotiated peace in Chiapas should be resumed as a high priority item on the domestic policy agenda of the Federal Government. 68. The Special Rapporteur recommends that the State should respect the existence of the “Caracoles and Good Government Boards”, and be constantly ready to collaborate with these bodies as required, in order to facilitate a peaceful solution to the conflict in Chiapas. 69. The Special Rapporteur recommends that the Zapatista National Liberation Army (EZLN) should renew contact with the various Mexican State authorities in order to reactivate a dialogue which could lead to a just and lasting peace that fully respects the fundamental rights of the indigenous peoples. ILO Convention No. 169 70. Convention No. 169 should be implemented in all legislation and by all bodies concerned with the rights of the indigenous peoples.

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