A/HRC/15/34
69.
The Committee reiterated its concern regarding a number of displacements of
indigenous peoples from their traditional lands. It recommended to one State party to take
the necessary measure to accelerate the process of restitution of ancestral lands to the
indigenous peoples and to put in place a mechanism tasked with the recognition of
indigenous peoples’ rights to lands and natural resources. It further encouraged another
State party to continue negotiations with relevant ministries on the establishment of a new
preparatory body in charge of reaching a solution in a land use dispute affecting indigenous
peoples.
70.
While noting efforts of some State parties to conduct consultations with affected
indigenous communities, the Committee further recommended that, when taking legislative
or administrative decisions which may affect the rights and interests of indigenous peoples,
the State parties endeavour to consult and obtain their informed consent. In its concluding
observation to one State party, the Committee recommended that the State party adopt and
implement in a concerted manner legislation which regulated the rights to prior consultation
in order to ensure that all prior consultations were undertaken in a manner which respected
the free and informed consent of the affected community.
71.
The Committee also deplored the non-existence of specific legislative framework to
guarantee the realization of the collective rights of indigenous peoples. It urged the State
parties concerned to ensure legal acknowledgement of the collective rights of indigenous
peoples to own and use their lands and resources according to customary laws and
traditional land-tenure system and to participate in the exploitation, management and
conservation of the associated natural resources.
72.
In its observations to one State party, the Committee welcomed a draft law on the
consultation and participation of indigenous peoples which sought to guarantee that the
free, prior and informed consent of indigenous peoples would be taken into account on
infrastructure projects that might affect their rights and encouraged State parties to adopt
specific laws in consultation with indigenous peoples through their representatives in a
number of observations to other State parties.
73.
The Committee on Economic, Social and Cultural Rights adopted two general
comments during 2009 which are of particular relevance for advancing the rights of
indigenous peoples. In its general comment No. 20 on non-discrimination in the enjoyment
of economic, social and cultural rights, the Committee recalled that it has consistently
raised concern over formal and substantive discrimination across a wide range of Covenant
rights against indigenous peoples and ethnic minorities among others. It urged State parties
to take concrete and targeted measures to eliminate discrimination and further called upon
State parties to ensure that individuals and groups of individuals, who may be distinguished
by one or more of the prohibited grounds, should be ensured the right to participate in
decision-making processes over the selection of such measures. States parties should
regularly assess whether the measures chosen are effective in practice.
74.
The Committee further referred to the provisions of the Declaration on the Rights of
Indigenous Peoples in its general comment No. 21 on the right of everyone to take part in
cultural life. It urged States parties to take measures to guarantee that the exercise of the
right to take part in cultural life takes due account of the values of cultural life, which may
be strongly communal or which can only be expressed and enjoyed as a community by
indigenous peoples. The Committee clarified that the strong communal dimension of
indigenous peoples’ cultural life is indispensable to their existence, well-being and full
development, and includes the right to the lands, territories and resources which they have
traditionally owned, occupied or otherwise used or acquired. Indigenous peoples’ cultural
values and rights associated with their ancestral lands and their relationship with nature
should be regarded with respect and protected, in order to prevent the degradation of their
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