Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen: c (A/HRC/11/11)
Source: United Nations General Assembly; United Nations Human Rights Council
Date: 18 Feb 2009
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HUMAN RIGHTS COUNCIL
Eleventh session
Agenda item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT
Summary
The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people carried out an official visit to Bolivia, at the invitation of the Government, from 25 November to 7 December 2007.
Bolivia is a multi-ethnic country with a predominantly indigenous population (62 per cent). Since 2005, the Government of Bolivia has been headed by its first-ever indigenous President, and the draft new Constitution approved by the Constituent Assembly in December 2007 contains numerous provisions relating to the collective rights of the indigenous peoples. This has given rise to serious political conflicts in the country due to opposition from some sectors of society fearful of losing their privileges.
The persistent problems of access to land and the recognition of their territories are the chief concerns of the indigenous communities. Despite progress made in land regularization and titling through agrarian legislation, a great many obstacles still remain. In the highlands, where smallholdings (minifundios) predominate, many native communities are demanding reconstitution of their ancestral lands. In the eastern part of the country and in the Bolivian Amazon, large estates have been formed, in many cases against the law. This situation has led to numerous conflicts and violations of the human rights of indigenous people.
The situation of servitude in which some Guaraní communities continue to live as a result of the historical plundering of their lands deserves particular attention. Another cause for concern is the situation of highly vulnerable and at-risk communities, such as the Yuqui and Ayoreo peoples, who until recently lived in voluntary isolation. Many indigenous communities have been subjected to harmful pollutants from mining activities or hydrocarbon production that have had a negative impact on their health and environment.
Note should be taken of the deplorable persistence in parts of the mass media of racist and discriminatory pronouncements against indigenous people in relation to conflicts over the policies of the new Administration. Incidents of violence and attacks against indigenous leaders and human rights defenders have also been documented.
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