E/CN.4/2006/78 page 14 53. The Committee on the Elimination of Racial Discrimination, in its concluding observations on the sixteenth to eighteenth periodic reports of Argentina, expressed concern at the fact that Argentina has not enacted the necessary laws for implementing ILO Convention No. 169. In the light of its general recommendation No. XXIII, the Committee urges the State party fully to implement that Convention and to adopt, among other things, a general land tenure policy and effective legal procedures to recognize indigenous peoples’ titles to land and to demarcate territorial boundaries. The Committee also regrets that, despite the State party’s efforts, the right to a bilingual and intercultural education for indigenous peoples recognized by the Constitution is not fully respected in practice (see CERD/C/65/CO/1). 54. For its part, the Committee on the Rights of the Child expresses its concern about the limited access to education for children belonging to indigenous groups and the low relevance of the current bilingual educational programmes available for them in Peru. Prior to that, in 1999 the Committee on the Elimination of Racial Discrimination had noted with concern reports that interpreters are not in practice available to monolingual indigenous people and that legislation has not been translated into the indigenous languages. 55. In 2003 the Committee on Economic, Social and Cultural Rights expressed its concern at various violations of the human rights of indigenous peoples in Guatemala and the lack of progress made by the State party towards the effective implementation of the Peace Agreements of 1996, which have led to serious and persistent problems, such as violence at the national level, intimidation, corruption, impunity and lack of constitutional, fiscal, educational and agrarian reforms (see E/C.12/1/Add.93). The Human Rights Committee voiced similar concerns in 2001 (see CCPR/CO/72/GTM). The Committee against Torture, for its part, drew attention in 2000 to racial discrimination against indigenous persons in prisons and regretted the failure to implement its recommendations regarding the real situation of indigenous women, which showed the need for the Government to review its actions and improve them in favour of Guatemalan women. The Special Rapporteur duly reported these matters in the report on his mission to Guatemala (E/CN.4/2003/90/Add.2). 56. Regarding the topics mentioned and that of prior and informed consultation, one must not underestimate the importance of ILO Convention No. 169, which is gaining increasing recognition as an ineluctable international standard for the protection and promotion of these peoples’ human rights and must be underscored, especially in its participatory aspect. Moreover, the provisions of this Convention are an excellent instrument of dialogue, which must be made the most of in this context. 57. The ILO Committee of Experts can receive communications from the indigenous peoples through employers’ and workers’ organizations and reports from Governments on specific situations relating to the fulfilment of the obligations assumed by the State under the Convention. Although only 17 member States have so far ratified this Convention, it is of decisive regional influence since it has been ratified by virtually all the countries of Latin America, is used as a framework for donor countries’ cooperation activities and serves as an influential model in Asia and, more recently, in Africa. In parallel with the procedure involving the Committee of Experts, there is a complaints procedure involving the ILO Governing Body through which many complaints have been lodged. Indigenous peoples display a high level of participation in these mechanisms, attesting to the need for international monitoring bodies and to the topicality of the issues regulated by the Convention.

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