A/HRC/30/25
adoption would significantly contribute to enhancing respect for the collective rights of
indigenous peoples.
37.
The the Plurinational State of Bolivia office also prepared a legal opinion aimed at
guaranteeing consultation processes on mining projects’ respect for international standards.
It helped to ensure that costs relating to the consultation process in developing the bill were
covered by the State. The Mining and Metallurgy Law 535 of May 2014 recognizes the
right of indigenous peoples to share the benefits from the exploitation of resources on their
lands, and the application of the collective right to prior, free and informed consultation.
However, the scope of the Law extends only to new mining contracts and is limited to the
exploitation phase; it does not mandate consultation and consent during the prospecting and
exploration phases. OHCHR is of the opinion that regulations under the Act that affect the
interests of indigenous peoples should be drawn up in consultation with indigenous
peoples’ organizations.
38.
To promote respect for the right to consultation, the Plurinational State of Bolivia
office also promoted the inclusion of human rights issues at an international conference on
oil and gas and conducted several meetings with relevant ministries.
39.
In the context of Colombia, OHCHR continues to advocate for space for social
dialogue on public policy issues of participation, consultation and representation of
indigenous communities. It continues work with rights holders to strengthen their
organizations and the design of protocols in dealing with authorities, as well as business
enterprises.
40.
The office in Guatemala monitored various social protests of indigenous peoples as
high-level dialogues with authorities were not effective. The office also provided assistance
to the Ixil Mayan communities of San Juan Cotzal, who claimed that the State had not
respected its duty to consult with indigenous peoples. In April 2015, a court ruling was
made in favour of the claims made by the communities in this case.
41.
In Mexico, the office documented and monitored consultation processes and was in
contact with different stakeholders, including federal, state and municipal authorities and
civil society organizations. The office opened communication channels between indigenous
peoples and the authorities responsible for the development of consultation processes in
line with international standards. In addition, it submitted information on standards on the
rights of indigenous peoples, more specifically the recognition of customs and traditions
and traditional legal systems, to the judiciary in relation to a case of an alleged arbitrary
arrest of an indigenous leader.
42.
In the context of the World Conference on Indigenous Peoples, the regional office
for Central America organized two workshops to facilitate a more inclusive dialogue
between indigenous peoples and the Government of Costa Rica, during which the World
Conference outcome document was disseminated. As a result, indigenous peoples and
government authorities agreed on the need to relaunch a dialogue with special attention to
land tenure. The regional office, along with the United Nations Resident Coordinator, ILO
and the national human rights institution, are seeking to expand the dialogue to cover other
urgent issues that indigenous peoples face.
43.
In Panama, the indigenous round-table, established by OHCHR and the Office of the
Resident Coordinator to advance the ratification of the ILO Indigenous and Tribal Peoples
Convention, 1989 (No. 169) and the adoption of the law for a national development plan for
indigenous peoples, continued its work. The regional representative and Resident
Coordinator facilitated the dialogue between indigenous peoples opposed to the
construction of the Barro Blanco hydroelectric dam and the high-level government
commission appointed by the President and led by the Vice President and Minister for
Foreign Affairs.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents