A/HRC/23/56/Add.1
doing so, the Government may consider general recommendation No. 32 on special
measures made by the Committee on the Elimination of Racial Discrimination in
2009, in which the Committee stated, inter alia, that special measures should be
appropriate to the situation to be remedied`. Appraisals of the need of such measures
should be carried out on the basis of accurate data, disaggregated by race, colour,
descent and ethnic or national origin and incorporating a gender perspective, on the
socioeconomic and cultural status and conditions of the various groups in the
population and their participation in the social and economic development of the
country. Special measures should be designed and implemented on the basis of prior
consultation with affected communities. 8
94.
With regard to the situation of the Guaraní people and other vulnerable
indigenous communities, such as the Ayoreos, the Special Rapporteur recommends
that the Government take appropriate measures in consultation with affected
communities to address specifically their socioeconomic needs, including by
eradicating forced labour, the restitution and clarification of land titles, ensuring
better access to public and economic services, providing opportunities for employment
and development, and helping in capacity-building.
D.
Racial violence, access to justice and impunity
95.
The Special Rapporteur shares the concerns about the considerable number of
incidents of discriminatory practices and acts of racial violence committed against
indigenous peoples, Afro-Bolivians and other vulnerable groups, and the low level of
prosecution and sanctions in such cases. He recommends that the Government
intensify its efforts and take further measures to eradicate impunity by bringing to
justice perpetrators and prosecuting all cases of racial violence and discrimination,
particularly with regard to the incidents in Sucre of May 2008 and the massacre in
Pando of September 2008. He also urges the Government to enhance the provision of
various forms of assistance and medical services to help victims of racial violence
overcome the physical and psychological damage caused by racist incidents.
96.
The Special Rapporteur recommends that the Government intensify its efforts
to prevent, investigate and prosecute all cases forced labour and servitude, and ensure
access to justice to the Guaraní people.
97.
Sharing the concern about the widespread impunity for cases of racist attacks
and verbal abuse, the Special Rapporteur stresses the need to create effective
structures to deliver smooth justice services, and to set up accessible complaintsreporting mechanisms.
98.
The Special Rapporteurs recommends that the Government provide
appropriate training for judges and prosecutors in handling cases of racism and racial
discrimination, given that various interlocutors reported that the cases on racism and
racial discrimination have not progressed owing to a lack of expertise and knowledge
of judges and prosecutors.
E.
Situation of migrants and refugees
99.
The Special Rapporteur recommends that the Government enhance its actions
to address racism, racial discrimination, xenophobia and intolerance against refugees
8
20
CERD/C/GC/32, paras. 16-18.