A/60/358
The Special Rapporteur trusts that the report on his visit to Colombia will help to
guide the operation of the new monitoring mechanism, and expresses his willingness
to carry out an in-depth study of this phenomenon and its impact on indigenous
communities.
V. Conclusions and recommendations
65. The Special Rapporteur would like to add the following comments to the final
observations and recommendations contained in his reports to the Commission on
Human Rights.
66. The living conditions and the human rights situation of indigenous people have
shown improvement in some countries and regions as a result of specific
circumstances, such as the restoration of land to an indigenous community
(Richtersveldt, South Africa), the settlement of a land dispute between two
communities (Chimalapas, Mexico), the acquittal of indigenous leaders unjustly
accused of forming an illegal terrorist association (Chile), the launching of a project
to compensate indigenous women who have been victims of urban violence
(Canada), the halting of large-scale construction projects which would have
permanently eroded an indigenous community’s living conditions (the U’wa of
Colombia) and the adoption of a law on resource management that respects the
traditional rights of an indigenous group (Finnmark, Norway).
67. Many instances have been observed, however, in which indigenous people’s
human rights have not been respected. In many places, the living conditions of
indigenous communities are deteriorating as a result of political decisions,
environmental and economic developments, administrative measures, demographic
pressure, urban expansion, budgetary constraints and the impact of globalization.
Armed conflicts on indigenous lands and their consequences are a recurring reality
in many regions, and call for continual monitoring. Given this multiplicity of issues,
it is almost impossible to give a short-term assessment of achievements, failures,
progress and setbacks in any particular place.
68. The situation of indigenous persons who defend their communities’ human
rights is especially worrisome. There has been an alarming increase in reported
cases of harassment and persecution for such activities.
69. A matter of crucial importance, to which the Special Rapporteur plans to
devote the thematic portion of his report to the Commission on Human Rights at its
sixty-third session, is the growing gap between legislation on indigenous rights
(such as constitutional reforms, indigenous laws and the ratification of international
conventions and agreements) and the real, day-to-day situation of indigenous people
in their communities.
70. All indications suggest that the main problem is not a lack of suitable
legislation (although much remains to be done in that regard), but shortcomings in
terms of implementation, the efficiency of institutions and the procedures and
mechanisms for the full realization of human rights. If legal reforms in the area of
indigenous people’s human rights are not accompanied by institutional, social and
political reforms that open up new opportunities for broad democratic participation
by indigenous people in the management of institutions, mechanisms and
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