A/HRC/42/19
E.
Early warning mechanisms and monitoring of human rights violations
37.
The OHCHR office in Colombia played an active role in supporting the work of the
Ethnic Peace Commission, which prepared a workplan for the period 2018–2019 to address
the serious human rights situation faced by ethnic peoples, highlighting challenges to the
effective implementation of the Peace Agreement, the vulnerability of leaders of indigenous
communities and the risks they face.
38.
The OHCHR office in Mexico took an active part in the development of a
contingency plan in the state of Chihuahua – a mechanism that seeks to prevent future
attacks on journalists and human rights defenders. The programme also covers the need to
undertake collective protection measures for indigenous communities. In October 2018, the
country office carried out a field mission in the state of Chiapas to document several cases
of the forced internal displacement of indigenous peoples. Since May 2018, the country
office has been monitoring the forced displacement of an indigenous community in
Zacatecas State by the operators of a silver mine. The office carried out four field missions
and held several meetings with representatives of the community, the company and the
State to support dialogue between the company and the community in order to remedy the
damage done.
39.
During the period under review, the Special Rapporteur on the rights of indigenous
peoples issued communications on over 100 cases. An increasing number of
communications are also being sent directly to private enterprises involved in alleged
human rights abuses and to the countries where such companies are registered.
40.
The Committee on the Elimination of Discrimination against Women welcomed
prevention and diversion strategies to abolish paperless arrest and mandatory sentencing
laws, taking into account the outcomes of consultation processes with indigenous peoples
(see CEDAW/C/AUS/CO/8).
F.
Access to justice and legal protection of the rights of indigenous peoples
41.
The OHCHR office in Cambodia supported mediation processes between
indigenous communities in Busra and Mondulkiri and Socfin, an economic land concession
producing rubber. In October 2018, members of the communities issued a joint statement
announcing that they had come to an agreement and their sacred forests, graveyards and
reserved land had been recognized by the company and returned to the communities. The
country office provided financial support to the legal aid service of Cambodia to assist
indigenous communities participating in the mediation process and with their applications
for communal land titling after the mediation.
42.
The OHCHR office in Colombia provided technical assistance to the magistrates of
the Special Jurisdiction for Peace on the promotion and protection of ethnic rights during
the formulation of its internal regulations. As a result, the approved regulations include
specific provisions for coordination with indigenous justice systems and the establishment
of an Ethnic Commission in charge of monitoring and verifying the application of the
ethnic-racial approach in all of its actions.
43.
The OHCHR office in Guatemala cooperated with the Indigenous Peoples’
Secretariat of the judiciary, organizing four regional meetings to foster coordination
between the indigenous and ordinary justice systems, including with regard to violence
against indigenous women. Despite the persisting limitations on access to justice for
indigenous peoples, in particular because of geographical, cultural and linguistic barriers,
they have increasingly turned to the judicial system for the protection of their rights.
Strategic litigation cases, with technical assistance from the OHCHR office, showed
important advances, for example in the judgment on the legal tenure of land for the
community of Samanzana II in Cobán, Alta Verapaz.
44.
With regard to transitional justice, historic progress was made during the reporting
period in trials for crimes committed during the internal armed conflict in Guatemala.
Groundbreaking judgments included the court ruling that indigenous Ixil Mayans had been
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