A/HRC/23/56/Add.1
by victims of racism and racial discrimination. Some interlocutors in the judicial branch
stressed the need for more clarity on the policy for implementation of the plural legal
system, as well as difficulties posed by the pluri-linguistic nature of society. It was
recommended that indigenous languages should also be used broadly in the legal system.
45.
Many victims of racism and racial discrimination and representatives of civil society
raised concerns about the weak complaints-reporting mechanisms. It was reported that, in
cases of racism and racial discrimination, most often people do not know where to report
and are not able to keep track of their complaints.
46.
The Special Rapporteur was informed that the work of some organizations and
human rights defenders in providing counselling and legal assistance to indigenous peoples
and victims of racism was being negatively affected by lack of support from, and
sometimes by undue restrictions imposed by, relevant authorities at different levels.
Representatives of civil society suggested that the State should fully comply with its
international obligations concerning human rights defenders and adopt a collaborative
approach with regard to non-governmental organizations and human rights defenders who
assist indigenous people in defending their rights.
4.
Political participation
47.
Many interlocutors pointed to the efforts made by the Government to realize a social
policy of inclusion, given the fact that native indigenous campesino peoples and
communities had been excluded from social, economic and political spheres to a significant
extent as a legacy of the discriminatory policies and practices of colonization. The
Government has, for example, paid particular attention to advancing a policy of
decolonization as well as depatriarchalization to enhance women’s participation, and in
particular the role of indigenous women, in the new political context in Bolivia. The
authorities also pointed out that significant advances had been made in enhancing the
political participation of indigenous peoples who are now represented in executive and
legislative organs at various levels.
48.
The national census planned for November 2012 was expected to bring important
changes to the situation of indigenous people by ensuring the right to self-identification.
The results of the census should provide important data and statistics about the situation of
the population of indigenous peoples, Afro-Bolivians and other ethnic communities, which
inform policymaking in all areas of concern such as education, health, employment and
social welfare. The census is also expected to bring further improvements in the inclusion
of indigenous peoples, Afro-Bolivians and other marginalized communities and groups in
political, social and economic life.
49.
Despite the considerable progress made in the promotion of the political inclusion of
indigenous people, it was noted that much more had to be done in this regard. For instance,
there were reports that not all indigenous nations and communities were represented in the
Plurinational Assembly. It was reported that some smaller indigenous communities and
ethnic groups, such as the Qhara Qhara, had not been provided with the right to selfidentification and to their ancestral territory.
50.
According to the relevant authorities, major steps had been taken in terms of
legislation on consultation and autonomy. The Plurinational State Constitution contains
important provisions on the right to consultation and indigenous autonomy. The
Government informed the Special Rapporteur a framework law on consultation was being
discussed; that the Framework Law on Autonomy had been adopted. However, the need to
strengthen the implementation of the right of indigenous peoples to consultation was
reiterated by some State and non-State interlocutors, in particular in the context of major
development projects planned or under way in indigenous territories. It was reported that,
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