A/HRC/10/51
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B. Special procedures
20. During the period 2007-2008, country and thematic special procedures mandate holders
addressed the issues of traditional land, participation, consultation and poverty of indigenous
peoples.
21. Traditional land is an issue that has been addressed by the Representative of the
Secretary-General on the human rights of internally displaced persons (A/HRC/4/38/Add.3).
The mandate holder identified several challenges faced by internally displaced indigenous
peoples, such as ensuring the restitution of their lands, including registration of land titles, and
preventing the use of indigenous reservations for military and other purposes. On the same issue,
the Special Rapporteur on the right to food welcomed the recognition by Bolivia of traditional
forms of land tenure and programmes for the restitution of lands of indigenous communities
(A/HRC/4/30/Add.2). In this context, the mandate holder recommended that protection of
indigenous community lands should be improved in the process of the agrarian reform
programme and regularization of land titles (A/HRC/7/5/Add.2).
22. Land issues also appear in the implementation of the mandate of the Special
Representative of the Secretary-General on the situation of human rights in Cambodia. In his
2007 report (A/HRC/4/36), he recommended that the sale of land and the granting of economic
land and other concessions in areas occupied by indigenous communities be banned pending the
registration of indigenous claims over traditional lands and the collective titling process; and that
mechanisms be put in place to protect indigenous land pending the registration of collective title,
and that the process of registration of collective title over indigenous land be finalized. In his
report of 2008 (A/HRC/7/42), he further recommended that the Government protect the rights of
indigenous persons and others who, due to illiteracy, customary practices or other reasons, are
not familiar with the law or its procedures, the rules for making of economic transactions or the
market economy.
23. The issues of participation and consultation have been addressed from the perspective of
internally displaced indigenous peoples as well as in relation to housing. The Representative of
the Secretary-General on the human rights of internally displaced persons recommended that
consultations be undertaken and that participatory mechanisms be established to determine
solutions and assistance for indigenous peoples in situations of internal displacement. In its
report (A/HRC/7/7/Add.2), the Working Group on the use of mercenaries as a means of violating
human rights and impeding the exercise of the right of peoples to self-determination also
recommended that a mechanism of prior consultation under ILO Convention No. 169 concerning
Indigenous and Tribal Peoples in Independent Countries be established. Lastly, the Special
Rapporteur on adequate housing as a component of the right to an adequate standard of living
stated that indigenous participation, including by establishing national representative bodies, is
essential in the decisions affecting them (A/HRC/4/18/Add.2).
24. The issue of poverty and indigenous peoples is also addressed by some mandate holders
who recommend the adoption of targeted policies and programmes for indigenous peoples facing
poverty. In his report (A/HRC/4/38/Add.3), the Representative of the Secretary-General on the
human rights of internally displaced persons recommended that a differentiated approach be
taken to assistance for persons and communities with specific needs, such as indigenous peoples.
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