A/HRC/11/11
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natural resources; and rights to cultural identity and to intercultural education. The draft also
provides for indigenous participation in the operational structure of the State, including the
Plurinational Legislative Assembly and the Plurinational Constitutional Court, while also
recognizing that indigenous institutions are “part of the general State structure” (art. 30.5).
18. Along with the process of constitutional reform, the Government promoted legislative
reform in various areas of special interest to indigenous peoples. Particularly noteworthy is the
adoption in November 2006 of the Community-Based Agrarian Reform Renewal Act (No. 3545)
and, in August 2007, of its Regulations (No. 29215), which gave fresh impetus to the recognition
and distribution of indigenous lands; the 2007 Regulations on Consultation and Participation in
Hydrocarbon Activities (Supreme Decree No. 29033); and the Regulations on
Socio-Environmental Monitoring of Hydrocarbon Activities in the Territory of Native,
Indigenous Peoples and Peasant Communities (Supreme Decree No. 29103).
C. New institutional framework and public policy
19. One of the first decisions of the new Administration was to abolish the Ministry for
Indigenous and Native Peoples’ Affairs (MAIPO), which had been established in 2003, as it was
considered discriminatory in a country with a predominantly indigenous population. MAIPO was
replaced by an approach designed to mainstream indigenous affairs into the public policy agenda
at all levels, responsibility for which now lies with such bodies as the Indigenous Rights
Mainstreaming Unit and the Inter-agency Technical Committee for Indigenous Peoples, which
are attached to the Ministry of the Presidency. Also established were the Vice-Ministry of
Community-Based Justice, which is attached to the Ministry of Justice, and the Vice-Ministry of
Traditional Medicine and Interculturalism, which is attached to the Ministry of Health.
20. The dissolution of MAIPO prompted frustration among some indigenous organizations and
development cooperation agencies, in that MAIPO had served as a focal point for policies
relating to indigenous peoples. Although it is still too early to evaluate the impact of this change
in policy, necessary precautions should be taken in order to avoid disrupting channels of
communication between the organs of the central Government and the indigenous peoples.
21. The Government has also announced its intention to implement the provisions of the
Hydrocarbons Act requiring 5 per cent of the income generated by the Direct Tax on
Hydrocarbons to be earmarked for the establishment of the Fund for the Development of
Indigenous and Native Peoples and Peasant Communities, which is currently endowed
with 436,221,212 bolivianos (approximately US$ 57 million). However, according to
information received, the Fund has so far been underused and still has only a very limited
portfolio of projects for actual implementation.
22. It is worth noting that the United Nations country team includes an inter-agency working
group on interculturalism, which brings together the heads of the various agencies and
organizations whose programmes and activities have particular relevance for the indigenous
peoples of Bolivia. This working group is part of the National Council for Dialogue among
Indigenous, Native, Peasant Peoples and the United Nations System - a progressive mechanism
for consultation and dialogue with the main indigenous organizations in the country. Also worth