A/HRC/42/37/Add.1
94.
The initiatives of indigenous peoples on the inclusion of indigenous women in
the indigenous justice system should be supported, and improvements should be made
in the training of their authorities on the ordinary justice system, investigation
procedures and respect for human rights. At the same time, the study of indigenous
justice should be included in the curricula of law schools, training should be provided
to officials at all levels in the ordinary justice system, and an active effort should be
made to combat prejudice and the lack of information on indigenous justice.
95.
The Special Rapporteur welcomes the announcement by the Council of the
Judiciary concerning plans to improve coordination between the ordinary and the
indigenous justice systems and recommends that the initiative be put under way
immediately with the full participation of indigenous authorities.
96.
The criminalization of indigenous authorities for performing their judicial
duties should be ended, the cases that have been reported should be investigated, those
responsible should be punished, and redress should be provided for victims.
Criminalization, impunity and violence
97.
It is essential that decisive action be taken to put an end to the abusive use of
the criminal system against indigenous persons and leaders for defending their rights
in the context of extraction projects on their lands, territories and natural resources,
for exercising indigenous jurisdiction, or for carrying out their traditional practices.
Cases of criminalization of indigenous persons and leaders should be investigated,
perpetrators should be prosecuted, and reparations and non-repetition should be
assured. Likewise, all acts of defamation, harassment and violence should be
investigated and punished, and reparations should be made.
98.
Collective and culturally appropriate measures to protect indigenous human
rights defenders should be developed in conjunction with the indigenous peoples,
bearing in mind the underlying risk factors.
Self-development
99.
The Special Rapporteur stresses the right of indigenous peoples to implement
their own development models and urges the Government to support their
autonomous proposals for development with their own culture and identity as part of
national development plans so as to achieve sumak kawsay.
100. Intercultural development indicators should be developed to assess the
socioeconomic situation of indigenous peoples, including indicators of security of
tenure over their lands and resources, food sovereignty and others.
Bilingual intercultural education
101. The Special Rapporteur welcomes the steps taken recently in the area of
bilingual intercultural education and intercultural higher education. The State should
guarantee full autonomy for the Secretariat for Intercultural Bilingual Education and
allocate the resources it needs to fulfil its mission.
102. The budget should be increased to ensure that the bilingual intercultural
education system works properly from the elementary level through higher education
and make it possible to reopen the community schools, update the intercultural
curriculum, provide training for bilingual and intercultural teachers and reopen
Amawtay Wasi University, the higher education institutes that offer bilingual
intercultural education and an intercultural institute of technology.
Intercultural health
103. An intercultural health system should be re-established to ensure respect for
indigenous health systems and provide proper coordination with the overall public
health system. In this regard, an autonomous intercultural health agency should be set
up under indigenous control.
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