A/HRC/36/22
Human and Peoples’ Rights on the Endorois case (276/2003), and discussed a comanagement process for Lake Bogoria.
66.
In that regard, the Committee on Economic, Social and Cultural Rights noted with
concern that, in Kenya, the implementation of the decision had been long delayed, despite
its acceptance (see E/C.12/KEN/CO/2-5, para. 16). It recommended that Kenya implement
the decision without further delay and ensure that the Endorois are adequately represented
and consulted at all stages of the implementation process. It also recommended that Kenya
set up a mechanism to facilitate and monitor the implementation, with active participation
of the Endorois.
67.
The Office of the United Nations High Commissioner for Human Rights in
Myanmar contributed to a national policy dialogue on the rights of indigenous peoples in
Myanmar, co-organized in Nay Pyi Taw by the Ministry of Ethnic Affairs, the Department
of Economic and Social Affairs and the Chin Human Rights Organization. The event
brought together over a hundred indigenous peoples’ representatives from different parts of
the country, strengthening ties among indigenous peoples and with interlocutors in
Government and the international community.
68.
In Paraguay, OHCHR together with partners from the inter-agency thematic group
on human rights and indigenous peoples’ rights developed guidelines to promote gender
integration in relation to issues related to the right to participation and consultation and the
right to land. As a result, indigenous women are in a better position to contribute to public
policies on issues affecting them. Moreover, since 2015, OHCHR has participated as an
associate in the Joint Programme on Food and Nutrition Security in Paraguay, which
focuses on indigenous peoples and peasants communities. A key activity of the Programme
is the development of right-to-food indicators, based on OHCHR human rights indicators
and methodology.
69.
In Paraguay, OHCHR also participated as an observer in negotiations in preparation
of the friendly settlement agreement between the Paraguayan State and the AyoreoTotobiegosode people. The negotiations are based on the request by the Inter-American
Commission on Human Rights for the adoption of precautionary measures in favour of the
rights of the Ayoreo-Totobiegosode people, especially of the communities in voluntary
isolation, known as the Jonoine-Urasade.
70.
The Committee on Economic, Social and Cultural Rights recommended that Costa
Rica protect the right of indigenous peoples to own, use, develop and control the lands,
territories and natural resources that they possess, including through such legal recognition
and protection as may be necessary, and ensure that lands occupied by non-indigenous
persons are returned to them.
71.
The Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance visited Argentina from 16 to 23 May 2016. In his report
on the mission (A/HRC/35/41/Add.1), he analysed the discrimination faced by indigenous
peoples, in particular in terms of access to economic, social and cultural rights, as well as
violations of civil and political rights. The Special Rapporteur also visited Australia from
28 November to 5 December 2016, during which time he addressed issues related to the
situation of indigenous peoples (Aboriginal and Torres Strait Islanders). The Special
Rapporteur also visited Fiji from 7 to 12 December 2016. In his report on the mission
(A/HRC/35/41/Add.3), he addressed challenges in the fight against racism, racial
discrimination, xenophobia and related intolerance, in particular the relationship between
the indigenous iTaukei and Indo-Fijian communities and the question of landownership.
F.
Indigenous peoples’ cultural rights, right to health and violence against
indigenous women and girls
72.
The Office of the United Nations High Commissioner for Human Rights in
Colombia provided substantive and technical support to indigenous peoples, resulting in a
historic sentence by the Colombian Constitutional Court, which considered that the Atrato
River is “a living being”. The Office provided information to the Court and accompanied
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