A/HRC/4/77
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the Rights of All Migrant Workers and Members of Their Families and the Committee on the
Elimination of Discrimination against Women, specifically referred to human rights issues
relating to indigenous peoples.
5.
The Committee on the Elimination of Racial Discrimination (CERD) addressed
indigenous rights in its concluding observations to Botswana, Denmark, El Salvador, Guatemala,
Guyana, Mexico, Norway and South Africa and in various decisions relating to Australia, Brazil,
Democratic Republic of the Congo, Lao People’s Democratic Republic, Nicaragua, Peru,
Suriname and the United States of America. CERD highlighted persistently high rates of
illiteracy, cases of domestic violence, low average life expectancy, low levels of schooling and
acts of violence committed against indigenous persons in certain countries. It identified other
human rights issues, including the development of extractive industry projects without
consultation with indigenous communities; the lack of legal recognition of the right of
indigenous communities to ownership and possession of lands; the practice of granting land titles
to indigenous communities excluding water and subsoil resources; the lack of access to their
traditional lands for indigenous peoples; forced displacement; obstruction in the use of
traditional sacred sites; and the lack of bilingual education.
6.
CERD noted the progress that had been made in preventing racial discrimination in
respect to indigenous rights in certain countries and welcomed specific national developments
aimed at promoting and protecting the rights of indigenous peoples. These included: the
establishment of the Presidential Commission on Discrimination and Racism against Indigenous
Peoples and the promulgation of the Agreement on Identity and Rights of Indigenous People in
Guatemala, as well as the intention of Guatemala to recognize indigenous legal systems; and the
establishment of the General Act on the Linguistic Rights of Indigenous Peoples and the
National Commission for the Development of Indigenous Peoples in Mexico. It also welcomed
efforts made by certain States parties to ensure greater participation of indigenous peoples in
political life and to improve their employment, housing and education. CERD particularly
expressed concern at the extent to which racism and racial discrimination are entrenched within
the territory of certain States parties. It also noted with concern the inadequacy of public policies
in eliminating racial discrimination against indigenous peoples in the media, in developing
national strategies or plans of action to combat racial discrimination, and in addressing
inequalities faced by members of indigenous communities in the enjoyment of their rights. It
also drew attention to the issue of access to justice for indigenous peoples and their difficulties in
accessing common law courts.
7.
CERD recommended that States parties adopt policies to eliminate racism against
indigenous peoples; undertake special measures to recognize and protect the rights of indigenous
peoples to own, develop control and use their communal lands and territories; and compensate
indigenous peoples affected by development projects on their lands. The Committee also
underlined the necessity of undertaking impact assessments prior to authorizing projects on lands
occupied by indigenous peoples and commented on the rights of indigenous peoples to carry out
their traditional economic activities.
8.
The Human Rights Committee addressed indigenous issues in its concluding
observations to Australia, Canada, Democratic Republic of the Congo, Honduras, Norway,
Paraguay and the United States of America under the Optional Protocol to the International
Covenant on Civil and Political Rights. Among its concerns, the Committee raised the issues of
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