A/HRC/45/22
peoples to participation and to be consulted in order to obtain their free, prior and informed
consent regarding decisions that affect them were respected.
21.
The OHCHR office in Colombia, in coordination with the Office of the Ombudsman
of Colombia and the Ministry of the Interior, continued to provide support for communities
of 15 indigenous groups in Putumayo, as well as to the Barí people in the Catatumbo region
of Norte de Santander. It helped those communities to develop their protocol on free, prior
and informed consent, ensuring compatibility with indigenous customary laws, domestic
jurisprudence and international standards. The OHCHR office in Colombia also provided
assistance to the governors of the departments of Amazonas and Arauca and to indigenous
authorities, so as to integrate a rights-based approach into their territorial development plans
for the period 2020–2023.
22.
The indigenous Xinca Parliament, with technical assistance from the OHCHR office
in Guatemala, promoted the implementation by the national authorities of the Constitutional
Court decision in relation to the San Rafael mine. The Court had confirmed the suspension
of operations of the Escobal mine, operated by Minera San Rafael, in 2018, and required that
the Xinca communities be consulted. The country office organized several meetings with
indigenous communities to discuss the draft policy on human settlements in protected areas
of the National Commission of Natural Protected Areas, ensuring that international human
rights norms and standards were included therein.
23.
The OHCHR regional office for Central Africa organized a workshop on techniques
and strategies to mobilize rights holders and advocate for the adoption of policies that
favoured the participation of marginalized groups in public life, held in Libreville in July
2019. Challenges faced by indigenous people were highlighted. Participants identified key
actions to further promote their rights, including advocating for the adoption of specific laws
to facilitate the participation of indigenous persons with disabilities in voting in elections.
24.
The OHCHR office in Honduras, at the request of the Congress of Honduras, provided
advice on international standards to the special commission of Congress charged with the
drafting of a bill on free, prior and informed consent. The country office stressed the need for
public authorities to engage in a confidence-building process with broad indigenous
representation in order to prevent social unrest. After its mission to Honduras, the Working
Group on the issue of human rights and transnational corporations and other business
enterprises recommended that the right of indigenous peoples to participate in all matters
affecting them be recognized as a continuum that requires open and honest interaction
between public authorities, the private sector and all members of society.
25.
In 2019, representatives of the country office also visited the municipality of
Lepaterique and the Lenca indigenous community of Reitoca, which have been affected by
the installation of a hydroelectric plant. Representatives of the country office conducted
interviews, held meetings with various actors at the local and national levels and private
sector actors and expressed their concern about the lack of access to water for indigenous
communities.
26.
The OHCHR office in Mexico continued to monitor consultation processes with
indigenous groups. The office supported the consultation of 16 Zapotec indigenous
communities in the State of Oaxaca on community water management. The country office
assisted with the consultation process led by the National Water Commission and held
meetings in parallel with relevant federal authorities. Representatives of the office attended
the historical meeting, held in Oaxaca, at which the parties signed agreements to harmonize
national law with traditional law, recognizing the right to water of the indigenous
communities and their right to participate in water resources management.
27.
The OHCHR office in Mexico also engaged in a dialogue with the National Fund for
Tourism Development, which is in charge of the Mayan train project, and the other United
Nations entities involved to ensure that the rights of indigenous peoples were taken into
consideration in all phases of the project. The construction of 1,460 km of railway, which
would pass through five states that are predominantly inhabited by indigenous peoples, is
envisaged.
5
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