E/CN.4/2005/88/Add.2
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Legislative measures
94.
Regulatory legislation giving full and effective application to the constitutional
provisions on the human rights of indigenous peoples should be passed as soon as possible.
95.
Any draft legislation, draft constitutional reform or other initiative which
introduces into the law provisions that violate indigenous peoples’ rights or the principle of
diversity should be withdrawn.
96.
The other branches of government should fully respect the powers of the
Constitutional Court, and refrain from limiting the scope of the amparo procedure, which
is one of the principal mechanisms for the defence of indigenous peoples’ human rights.
Indigenous women
97.
The Special Rapporteur recommends the establishment of an effective mechanism
for the protection and promotion of the rights of Colombia’s indigenous women, with the
aim of forestalling violations of their fundamental rights and promoting their active
involvement in decisions affecting their lives and their active development within their
communities.
98.
Existing programmes on the provision of basic social services should be extended so
as to improve the situation of indigenous women and children in rural areas, and in
particular displaced women and children, with regard to health and education.
Indigenous rights defenders and human rights defenders
99.
Programmes should be set up in conjunction with civil society organizations and
human rights defenders active in indigenous affairs, as a means of joining forces to ensure
the attainment of the Government’s laudable aims in terms of the promotion and
protection of the human rights of indigenous people.
Military service
100. Indigenous people should continue to be excluded from the bill on compulsory
military service. Congress should not approve any law limiting or restricting the autonomy
and freedoms of social and human rights NGOs.
101. Schemes for children and youngsters such as the network of informers, the
introduction of peasant soldiers and the “soldiers for a day” programme should be
discontinued.
Administration of justice
102. Prosecution services should investigate and apply the law in all complaints
concerning abuses and violations committed against members of indigenous communities
by members of the armed forces or the police.