A/HRC/11/11
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84. The Special Rapporteur recommends, in particular, that departmental and local
authorities should develop their own public policies relating to the indigenous peoples, in
consultation with the authorities and organizations representing the peoples concerned and
in strict adherence to the criteria set forth in the United Nations Declaration on the Rights
of Indigenous Peoples and ILO Convention No. 169.
85. The Special Rapporteur recommends expediting training for Bolivian public
authorities and officials, especially judges, magistrates and other agents of justice, in the
legal norms relating to indigenous peoples’ rights.
86. Steps should be taken to strengthen the institutional structure and activities of the
Indigenous Rights Mainstreaming Unit and the Community-Based Policy Department of
the Ministry of the Presidency with a view to effectively coordinating public policy in areas
of direct concern to the indigenous peoples, including the implementation of the
recommendations included in the present report and the decisions and recommendations of
other human rights bodies and mechanisms.
B. Lands, territories and natural resources
87. The Special Rapporteur recommends that special priority should be accorded to the
agrarian land regularization process under the new Community-Based Agrarian Reform
Renewal Act (No. 3545), paying particular attention to the titling of the indigenous TCOs,
in both the lowlands and the highlands. To that end, the Government should provide the
relevant institutions with the human and financial resources needed, drawing on
international cooperation where possible.
88. Particular attention should be given to implementing the regulations concerning
consultation and preparation of environmental impact studies in relation to the exploration
and exploitation of natural resources in indigenous lands and territories. The relevant
authorities should ensure that new contracts with private companies guarantee respect for
indigenous rights in accordance with the new legislation in force.
89. Enterprises operating in Bolivia should draw up and implement clear and precise
guidelines for their operations to exploit natural resources in indigenous territories,
including indigenous peoples’ right to participation and consultation, taking into account
existing legislation and the international norms and standards established by the
international financial institutions in relation to indigenous peoples.
90. The relevant authorities should, as a matter of urgency, carry out a general study on
the pollution of the indigenous territories in the country and, in consultation with the
communities affected, implement such measures of inspection, relief, redress,
compensation, prevention and punishment as may be necessary.
91. The Special Rapporteur recommends that the competent authorities of Bolivia and
Brazil should, in a spirit of open cooperation, take all necessary measures to ensure
consultation with the indigenous communities that will be affected by the hydrology
projects along the Madeira River on both sides of the border in order to avoid any
unnecessary infringement of their rights as a result of such projects.