A/HRC/10/51
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6.
In relation to land, the Committee on the Elimination of Racial Discrimination addressed
the issue in its review of a number of countries (see CERD/C/CAN/CO/18,
CERD/C/IND/CO/19, CERD/C/FJI/CO/17, CERD/C/NIC/CO/14 and CERD/C/ECU/CO/19).
Land issues also come up in the review of State party reports by the Human Rights Committee
(see CCPR/C/PAN/CO/3) and the Committee on Economic, Social and Cultural Rights
(see E/C.12/FIN/CO/5, E/C.12/PRY/CO/3 and E/C.12/BOL/CO/2). The land-related issues
raised by the above-mentioned committees highlight the need for demarcation and land title for
the ancestral land and territories of indigenous peoples. In situations where land claims have to
be settled, treaty bodies have repeatedly encouraged negotiations with indigenous communities
while guaranteeing protection against forced eviction and avoiding any restriction on progressive
development of their rights.
7.
On several occasions, the correlation between poverty and indigenous origins was
observed by treaty bodies. More specifically, the question of access to education and health
remains a concern in most countries under review. The Committee on the Elimination of Racial
Discrimination noted with satisfaction the adoption of the regional autonomous education
system plan by Nicaragua, but recommended that it take action to reduce the high rate of
illiteracy among indigenous peoples. With regard to health, the Committee welcomed the
General Health Act, as it enables the autonomous region to define its own indigenous health-care
model, but recommended that efforts be made to guarantee the right to public health, medical
care, social security and social services, with special attention to reduce maternal mortality
(CERD/C/NIC/CO/14). The Committee was also pleased to note the introduction of a system of
bilingual education in Ecuador, providing instruction to indigenous children in Spanish and in
their own languages. It recommended the strengthening of legal arrangements underpinning
indigenous institutional structures and the allocation of the necessary resources
(CERD/C/ECU/CO/19).
8.
On these issues, special attention to indigenous women and children has been paid by the
Committee on the Elimination of Discrimination against Women (see CEDAW/CO/COL/CO/6,
CEDAW/NIC/CO/6, CEDAW/C/BRA/CO/6, CEDAW/C/PER/CO/6 and
CEDAW/C/SUR/CO/3) and the Committee on the Rights of the Child (CRC/C/CHL/CO/3,
CRC/C/HND/CO/3, CRC/C/SUR/CO/2, CRC/C/KEN/CO/2, CRC/C/MYS/CO/1,
CRC/C/VEN/CO/2 and CRC/C/TLS/CO/1). The recognition and protection of reproductive
health and rights of indigenous women have been pointed out as a central challenge for
indigenous women’s health. In the area of education, the improvement of literacy standards of
indigenous women and girls has been identified as an area of special need.
9.
The need for disaggregated data in the national data system differentiating specifically
indigenous peoples, including women and children, in order to address the situation of poverty
faced by indigenous peoples, has been observed by the Committee on the Elimination of Racial
Discrimination (CERD/C/ETH/CO/15), the Committee on the Elimination of Discrimination
against Women (CEDAW/C/BRA/CO/6) and the Committee on the Rights of the Child
(CRC/C/MYS/CO/1 and CRC/C/VEN/CO/2). In addition, the Committee on Migrant Workers
observed the specific situation of indigenous migrants and recommended special measures for
their protection (CMW/C/BOL/CO/1).
10. The questions of participation and consultation are other issues regularly observed by
treaty bodies in relation to indigenous peoples. In the area of participation, the Committee on the
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