A/HRC/15/34
61.
Special procedure mandate holders have also addressed the situation of indigenous
peoples by sending communications to Governments based on allegations of human rights
violations brought to their attention by various sources. From January 2009 to April 2010,
36 communications dealing with indigenous rights were sent by 15 mandate holders to 36
countries in Africa, Asia, Latin America and North America.
3.
Activities of treaty bodies
62.
The Committee on the Elimination of Racial Discrimination continued to pay
particular attention to the situation of indigenous peoples in its early warning and urgent
action procedure, general recommendations and its consideration of the reports by State
parties.
63.
During the period under review, concluding observations and recommendations
concerning the rights of indigenous peoples were addressed to 14 State parties to the
Convention. The Committee also issued letters of concerns regarding the situation of
indigenous peoples in 12 countries under its early warning and urgent action procedure.
64.
It further issued its general recommendation No. 32 on the meaning and scope of
special measures in the International Convention on the Elimination of All Forms of Racial
Discrimination, clarifying that “special measures should not be confused with specific
rights pertaining to certain categories of person or community, such as[…] the rights of
indigenous peoples […]. Such rights are permanent rights, recognized as such in human
rights instruments, including those adopted in the context of the United Nations and its
agencies”.
65.
During its review of States parties’ periodic reports, the Committee regretted the
lack 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 Convention at the national level. It
also recommended that States concerned provide disaggregated statistical information
regarding access to education, health and public services and emphasized that data was
necessary to ensure the application of adequate legislation to ensure equal enjoyment of
economic, social and cultural rights by indigenous peoples.
66.
In particular, the Committee reiterated its recommendation that State parties take
steps to give adequate recognition to native languages and seek strategies with a view to
introducing bilingual education. It further recommended that State parties concerned ensure
the effective protection with regard to recruitment and conditions of employment of
workers belonging to indigenous peoples.
67.
In its concluding observations to one State party, it recommended that the State
concerned redouble its efforts to ensure that all births among indigenous peoples are
registered and that those registered are provided with personal identity documents. It also
encouraged the State party to bring civil status registration centres closer to the
communities where indigenous peoples live.
68.
On several occasions, the Committee expressed great concern about the lack of
consultation of indigenous peoples prior to land concessions and noted that the rights of
indigenous peoples to own, develop, control and exploit their lands and resources were not
guaranteed. It drew the State parties’ attention to general recommendation No. 23 on the
rights of indigenous peoples which, inter alia, calls upon State parties to recognize and
protect the rights of indigenous peoples to own, develop, control and use their communal
lands, territories and resources. The Committee further encouraged corporate business
entities when engaging in economic land concessions to take into consideration their
corporate social responsibility as it relates to the rights and well-being of local populations.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents