A/HRC/9/9 page 3 Introduction 1. The mandate of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people was originally established by the Commission on Human Rights in 2001 (by resolution 2001/57), and subsequently extended by the Commission (resolution 2004/62), the General Assembly (resolution 60/251) and the Human Rights Council (resolution 5/1). On 28 September 2007, the Human Rights Council decided to renew the mandate of the Special Rapporteur for an additional period of three years, reframing the Commission’s original resolution (resolution 6/12). 2. On 28 March 2008, at its seventh session, the Council decided to appoint Professor S. James Anaya, from the United States of America as the new mandate-holder. After fulfilling the formal requirements set forth in the Code of Conduct for Special Procedures’ Mandate Holders of the Human Rights Council (resolution 5/2, para. 5), Professor Anaya assumed his mandate on 1 May 2008. 3. This document presents the Special Rapporteur’s first report to the Council, in which he wishes to provide a number of reflections concerning the operationalization of the human rights norms affirmed in the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international instruments. The report consists of four parts. Section I provides a brief description of the activities undertaken by the Special Rapporteur from 1 May to 1 August 2008, including a general plan of proposed activities for the coming year. Section II presents an overview of the Special Rapporteur’s mandate in accordance with resolution 6/12 and in relation to the Declaration. Section III provides an analysis of the Declaration within the context of other instruments and sources of human rights norms concerning the rights of indigenous peoples. An assessment of the different mechanisms required for promoting the implementation of the Declaration is provided in the last section. 4. Addendum 1 to the present report contains a summary of communications sent to Governments and replies received, as well as observations by the Special Rapporteur. Addendum 2 is the report of the former mandate-holder, Professor Rodolfo Stavenhagen, on his official mission to Bolivia from 25 November to 7 December 2007.1 5. The Special Rapporteur wishes to gratefully acknowledge the trust he has received from the Human Rights Council to carry out his duties, and wishes to thank the Office of the High Commissioner for Human Rights (OHCHR) and its staff for their committed assistance, as well as to the individual experts that have assisted in the preparation of this report. He also wishes to acknowledge the institutional support provided to the mandate of the Special Rapporteur by the University of Arizona Indigenous Peoples Law and Policy Program. Finally, the Special Rapporteur would like to express his deep gratitude and admiration for the work of 1 A preliminary note with the main findings of the former Special Rapporteur’s mission to Bolivia was presented to the Council during its sixth session (A/HRC/6/15/Add.2).

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