A/HRC/15/34
expression of views for indigenous children and other children who do not speak the
majority language. As regards the implementation of children’s rights in general, the
Committee reiterated its broad understanding of children’s participation. It recalled the
need to establish procedures not only for individual children and clearly defined groups of
children, but also for groups of children, such as indigenous children, who are affected
directly or indirectly by social, economic or cultural conditions of living in their society.
The Committee also continued to address the enjoyment of rights of indigenous children as
part of its periodic review of State party reports.
83.
During the period under review, the Human Rights Committee deplored the absence
of recognition of the existence of indigenous peoples in a number of countries. It requested
one State party to carry out a study regarding minorities and indigenous communities in the
State party and adopt specific legislation and special measures to protect, preserve and
promote their cultural heritage and traditional way of life. It also recommended that the
State party consult indigenous communities before establishing game reserves, granting
licences for hunting, or other projects on ancestral or disputed lands. In is observations to
another State party, the Committee requested the State party concerned to take steps to
ensure that the indigenous community are protected against discrimination and are provided
with effective remedies in that regard.
84.
The Committee remained concerned about the fact that indigenous peoples are not
sufficiently consulted in decision-making process with respect to issues affecting their
rights in a number of countries. It recommended that the State parties concerned increase
their efforts for an effective consultation with indigenous peoples in decision-making in all
areas having an impact on their rights. It further recommended to one State party to
establish an adequately resourced national indigenous representative body.
85.
With regards to land issues, the Committee encouraged State parties to ensure the
fair and expeditious resolutions of claims concerning land and resources made by the
indigenous peoples concerned by introducing appropriate legislation in consultation with
indigenous peoples. It also addressed the issue of forced eviction of indigenous peoples
from their ancestral lands for reasons having to do with control over natural resources and
recommended to the State party concerned to provide for a legal cadastral survey of
indigenous community property.
86.
The Committee on the Elimination of Discrimination against Women and the
Committee against Torture also addressed the situation of indigenous peoples while
examining periodic reports.
C.
The universal periodic review
87.
Issues concerning indigenous peoples were frequently raised in the context of the
universal periodic review, including in reviews concerning Belize, Bolivia (Plurinational
State of), Cambodia, Cameroon, Canada, Chile, Congo, El Salvador, Fiji, Guyana, Kenya,
Laos People’s Democratic Republic, Malaysia, Mexico, New Zealand, Nicaragua, Nigeria,
Norway, Russian Federation, , Sweden, Viet Nam and Uruguay.
88.
Recommendations concerned, inter alia, indigenous communities forcibly removed
from their land and the need to ensure effective consultation with indigenous communities
before granting licenses for economic exploitation. Furthermore, the need to adopt
measures to eradicate impunity for human rights violations, particularly against indigenous
women was highlighted in certain contexts, and a number of recommendations pointed to
the need to strengthen efforts to implement indigenous peoples’ rights in such areas as
housing, right to food, access to education, health care and legal assistance. In a number of
cases, the Declaration on the Rights of Indigenous Peoples was explicitly invoked, as was
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