A/HRC/51/28/Add.1
on governance and autonomy, including through mediation by authorized external
actors, if that is deemed necessary.
Right to lands, territories and natural resources
96.
The Special Rapporteur recommends that the State:
(a)
Allocate sufficient financial and human resources to the National Plan for
the Recovery of Indigenous Territories and set out, in partnership with the indigenous
peoples, a strategy for prioritizing land restitution that includes:
(i)
Identification and monitoring of obstacles and progress;
(ii)
Accountability for moving the Plan forward, including measurement of
lands.
(b)
Ensure that the evictions resulting from the implementation of the
National Plan for the Recovery of Indigenous Territories are conducted in accordance
with international standards;
(c)
Adopt an appropriate financial plan for compensating possessors bona
fide within reasonable time frames;
(d)
Work with indigenous authorities on ad hoc land restitution plans for each
territory that prioritize administrative evictions of non-indigenous persons who are
making threats and causing violence within the territories, including the indigenous
territories protected by precautionary measure No. 321/12 of the Inter-American
Commission on Human Rights;
(e)
Publicly recognize the legitimacy of requisitioned plots of land and
guarantee their possessors’ right of access to basic services, such as water.
Consultation and free, prior and informed consent
97.
The Special Rapporteur recommends that the State:
(a)
Allocate to the Technical Unit for Indigenous Consultation the financial
resources and technical staff it needs to duly handle requests for consultations;
(b)
Provide each territory with appropriate resources to enable it to establish
its own indigenous territorial consultation body competent to handle requests for
consultations;
(c)
Ensure that indigenous people’s own authorities participate in all
consultations, including those held by the General Mechanism for Consultation with
Indigenous Peoples;
(d)
Amend the Legislative Assembly’s rules of procedure to equip it with a
consultation mechanism that complies with international standards for the enactment
of future legislation;
(e)
Establish an internal consultation mechanism that complies with
international standards for the judiciary.
Protection of indigenous human rights defenders
98.
The Special Rapporteur recommends that the State:
(a)
Address the situation of systematized violence with a suitable policy on
land requisition;
(b)
Agree on, with the indigenous peoples affected, appropriate individual
and collective preventive and protective measures to be taken by law enforcement
agencies, ensuring that these measures include an intercultural and gender perspective;
(c)
Provide State law enforcement agencies with the financial and human
resources they need to properly apply the above-mentioned preventive and protective
measures;
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GE.22-11025