76 an indigenous community or nation, in accordance with the traditions and customs of the community or 382 nation concerned. No discrimination of any kind may arise from the exercise of such a right.” 290. In addition, the Committee on the Elimination of Racial Discrimination “has consistently affirmed that discrimination against indigenous peoples falls under the scope of the [International] Convention [on the Elimination of All Forms of Racial Discrimination] and that all appropriate means must 383 be taken to combat and eliminate such discrimination,” which is why it has called on the states to “[e]nsure that members of indigenous peoples are free and equal in dignity and rights and free from any 384 discrimination, in particular that based on indigenous origin or identity.” In this way, every indigenous person has a fundamental human right, recognized and protected internationally, to effectively enjoy the rights of every human being on an equal footing, and not to be a victim of discrimination in the exercise of those rights on grounds of his or her ethnic origin. 291. With respect to the indigenous peoples in Panama in particular, the Committee on the Elimination of Racial Discrimination, in its Report of Concluding Observations of May 2010, stated: 9. The Committee notes with concern the persistence of racial discrimination and its historical roots, which have led to the marginalization, impoverishment and vulnerability of … indigenous peoples. … 11. The Committee expresses its concern at the fact that, in spite of the adoption of policies and the creation of national institutions, in practice … indigenous peoples still encounter considerable difficulties in exercising their rights and are the victims of de facto racial discrimination and marginalization and that they are particularly vulnerable to violations of human rights. The Committee is also concerned by the structural causes which perpetuate discrimination and denial of access to social and economic rights and development, in particular in the areas of employment, housing and education…. 292. In connection with the foregoing, that Committee indicated: 12. The Committee expresses its serious concern about the information received that, despite the existence of the indigenous region (comarca) as an entity, with provision for self-government and communal ownership of land by indigenous peoples, there are some indigenous communities that have not obtained a region or entity of similar status…. The Committee further wishes to express its concern at the very low standard of living in the indigenous regions, such as the area of Darién where there is poor access to basic services and to governmental poverty-elimination policies. The Committee recommends that the State party finalize the procedures still pending to ensure that all Panamanian indigenous communities secure a region or entity of similar status. It also urges the State party to do its utmost to ensure that its governmental poverty-elimination policies are effective 385 throughout the country, and in particular in the indigenous regions. 293. The Human Rights Committee, in its Report of Concluding Observations of April 2008, noted: The Committee expressed its concern at the information included in the State party’s report and received from non-governmental sources on the existence among the general population of racial prejudices against indigenous people and also on the many problems that affect indigenous communities, including serious shortcomings in health and education services; the lack of an 382 United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly, with the favorable vote of Panama, through Resolution A/61/295, 61st period of sessions (September 13, 2007). 383 UN Committee on the Elimination of Racial Discrimination. General Recommendation No. XXIII on the rights of indigenous peoples. August 18, 1997. para. 1. 384 UN Committee on the Elimination of Racial Discrimination. General Recommendation No. XXIII on the rights of indigenous peoples. August 18, 1997. para. 4(b). 385 UN Committee on the Elimination Discrimination. Consideration of reports submitted by States Parties under article 9 of the Convention. Concluding observations. CERD/C/PAN/CO/15-20. May 19, 2010. paras. 9-12.