BUENOS AIRES (December 8, 2011) – United Nations Special Rapporteur James Anaya yesterday urged* the Argentine national and provincial authorities to strengthen the achievements in terms of human rights of the country's indigenous peoples and to redouble efforts to save the obstacles linked to the right to their lands and natural resources, as well as to education.
"It is necessary for the Government to give greater priority to the indigenous issue, to develop new programs and public policies in this regard, and to ensure that they are implemented in accordance with international standards," said the expert at the end of his first visit to Argentina. independent body appointed by the UN Human Rights Council to investigate the rights of indigenous peoples.
“A central concern expressed by indigenous representatives during the course of my hearing has been the lack of legal certainty of their rights over their traditional lands, and in particular the various problems and delays they face in the territorial survey processes,” said Mr. Anaya pointing to a series of recent evictions of indigenous people from lands claimed by them according to their traditional or ancestral occupation.
The UN Special Rapporteur highlighted that most of these evictions were the result of court orders, which makes it difficult to effectively recognize community property. In addition, he said, "they have occurred in the framework of territorial disputes between members of indigenous peoples and private owners or companies."
"Another problem related to the legal insecurity of the traditional lands of indigenous peoples is the existence or promotion of extractive industry projects within or near indigenous territories and communities," said the independent expert, also emphasizing "the lack of effective consultation with the affected indigenous peoples before undertaking such projects, and the lack of their participation in decision-making about these projects and in the economic benefits derived from them”.
“I agree with what I have heard both from indigenous representatives and from some government representatives, that it is necessary to regulate a consultation procedure with indigenous peoples in relation to extractive industries and other matters that affect them,” said Mr. Anaya.
The expert also urged the State and the provinces to ensure that indigenous peoples have access to adequate education, that it reaches their communities and that it adapts to their realities. “It is necessary to expand the existing bilingual intercultural education programs with the participation of indigenous peoples, so that they truly promote indigenous languages and cultures,” he said, “and to pay greater attention to access to university education and the particular situation of indigenous women studying in urban areas”.
During his eleven-day visit, Mr. Anaya held meetings with various representatives of indigenous peoples and communities, and with officials from the national government in Buenos Aires and from the provinces in Neuquén, Río Negro, Salta, Jujuy and Formosa. Likewise, he made visits to different indigenous communities in these provinces and held meetings with representatives of civil society.
The Special Rapporteur will prepare a report on his mission, which will be presented to the UN Human Rights Council in 2012.
(*) Read the full statement of the Special Rapporteur: http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=11698&LangID=S
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On March 26, 2008, the UN Human Rights Council appointed James Anaya Special Rapporteur on the rights of indigenous peoples, for an initial period of three years. The Council renewed his term for an additional three years in 2011. Mr. Anaya is the Regents' Professor and the James J. Lenoir Professor of Human Rights at the University of Arizona School of Law (USA). ).
Visit the Special Rapporteur's website: http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx
UN Human Rights, country page – Argentina: http://www.ohchr.org/SP/Countries/LACRegion/Pages/ARIndex.aspx
See the United Nations Declaration on the Rights of Indigenous Peoples: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/512/10/PDF/N0651210.pdf?OpenElement
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