A/HRC/18/26
62.
The Committee on the Elimination of Racial Discrimination continued to pay
particular attention to the situation of indigenous peoples in the concluding observations
adopted after the consideration of reports submitted by States parties, as well as during the
consideration of situations under its early warning and urgent action procedure. In some
concluding observations, the Committee recalled its general recommendation No. 23 (1997)
on the rights of indigenous peoples. During the period under review, concluding
observations relating to indigenous peoples issues were addressed to eight State parties.
63.
The Committee regretted the absence of information from a number of State parties
on the ethnic and linguistic make-up of the population, including indigenous peoples, which
would enable both the Committee and the State party to better assess the implementation of
the International Convention on the Elimination of All Forms of Racial Discrimination at
the national level. In this regard, the Committee reiterated its recommendation according to
which State parties should adopt measures or appropriate statistical tools to ensure that selfidentification is the primary means for determining whether people are indigenous or not.
The Committee also addressed the issue of lack of legal recognition of indigenous peoples
by some State parties, including recognition of collective rights to indigenous peoples, in
particular the right to ancestral land.
64.
The Committee continued to pay attention to activities carried out by transitional
corporations that may have a negative impact on the traditional lifestyle of indigenous
peoples. It continued to address the issue of effective participation and representation of
indigenous peoples in public and political affairs, as well as in decision-making bodies. It
also continued to address the issue of full enjoyment of economic, social and cultural rights
by indigenous peoples. The Committee remained concerned about the issues of effective
access to justice and of judicial and administrative remedies for indigenous peoples.
65.
Under its early warning and urgent action procedure, the Committee issued letters of
concerns and recommendations regarding the situation of indigenous peoples in 14
countries. In particular, it expressed great concern about the lack of consultation with
indigenous peoples prior to granting land concessions, including the absence of seeking
their prior, free and informed consent before carrying out mining activities or other projects
on their traditional lands that may affect their lifestyle. The Committee recommended that
State parties should consult with indigenous peoples before carry out mining activities or
other projects in order to obtain their prior, free and informed consent. In a number of
situations under its early warning and urgent action procedure, the Committee addressed the
negative impact of mining activities on the environment and recommended that State
parties should carry out independent impact assessments of such activities.
(b)
Human Rights Committee
66.
At its one-hundredth session, the Human Rights Committee examined a State party
report and expressed its particular concern at the situation of women and girls performing
domestic work, which primarily affects rural and indigenous women and girls. Under
articles 3 and 26 of the International Covenant on Civil and Political Rights, the Committee
noted that they were subject to particularly harsh working conditions, excessive work hours
and were either unpaid or poorly paid for their work.
(c)
Committee on Economic, Social and Cultural Rights
67.
During the forty-fourth session of the Committee on Economic, Social and Cultural
Rights, concluding observations regarding the rights of indigenous peoples were addressed
to a number of States parties. Recommendations included the recognition of an indigenous
official language; the establishment of concrete measures to review processes concerning
infrastructure, development and mining projects and full implementation decisions of the
Constitutional Court; the adoption of legislation in consultation with and the participation
of, inter alia, indigenous peoples, that clearly established the right to free, prior and
14
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