A/HRC/45/34
peoples is denied, or where they are recognized in such a way that the State does not
deem the United Nations Declaration on the Rights of Indigenous Peoples applicable.
This creates a void of protection. It is very difficult for the mandate to fulfil its work
in these cases, as the States concerned are reluctant even to initiate a dialogue, and
neither provide invitations for country visits nor answer communications.
77.
The Special Rapporteur would like to reiterate the suggestion made by her
predecessor that the Human Rights Council and the overall United Nations human
rights system should consider better methods for reviewing countries that decline to
cooperate with special procedures. 84 The mandate holder has tried to develop creative
ways to approach these situations. Increasing collaboration with regional and national
human rights institutions has proved to be very useful. She has also participated in
seminars, conferences and other activities, in all regions, trying to take those
opportunities to open a dialogue with the States in question. A proactive approach
requires more resources than are available. In this regard, the additional support
provided by external funds and institutions has played a valuable role in enhancing
the work of the mandate.
78.
The Special Rapporteur considers awareness-raising to be crucial to addressing
the situation of violation of the rights of indigenous peoples. The Special Rapporteur
has tried to engage directly with the different United Nations agencies, bodies and
conventions, such as the United Nations Framework Convention on Climate Change
and the Convention on Biological Diversity, and with other multilateral institutions
such as the World Bank and the European Commission, where issues affecting the
human rights of indigenous peoples are discussed. This direct interaction has the
potential for making the comments, conclusions and recommendations of the mandate
holder available to many who are not necessarily familiar with the United Nations
human rights system but whose activities have a direct impact on the lives and human
rights of indigenous peoples. The Special Rapporteur firmly believes that the
operationalization of “Delivering as one” is crucial in ensuring that indigenous
peoples’ rights and issues are integrated by the various United Nations bodies and
agencies in their programmes at all levels.
79.
The dissemination of the work of the mandate through the Internet and social
media is also strategically important. The mandate holder has used social media in
order to make information about reports, statements and other work available. This
interaction, within the limits established by the code of conduct for special procedure
mandate holders of the Human Rights Council, is very valuable in terms of promoting
the United Nations Declaration on the Rights of Indigenous Peoples, and best
practices, and the dissemination of certain issues and situations of concern.
Nevertheless, much could still be developed in this area so that the work of the Special
Rapporteur can better reach indigenous peoples who need human rights protection.
80.
A major challenge for the mandate is adequate follow-up on the
implementation of the recommendations contained in thematic and country visit
reports, and on the issues raised in communications. Although indigenous peoples
themselves, civil society organizations and the United Nations system have an
important role to play in this monitoring, better methods for follow-up would
reinforce the impact of the mandate in terms of compliance. In this regard, the Special
Rapporteur is grateful for the collaboration of the country and regional offices of
OHCHR, which continue to follow up at the national level and have developed and
disseminated publications and other actions to make the Special Rapporteur’s
recommendations available at the national level. Some OHCHR country offices have
translated country reports and recommendations into languages understood by
indigenous peoples. Member States should also make reports available and distribute
them among the relevant authorities, and other parties. To this end, United Nations
regional and country offices in general play an important role in disseminating
information about the Special Rapporteur’s comments and recommendations in
country reports, press releases, country communications and other types of work
regarding specific cases or country situations.
84
18
A/68/317, paras. 19 and 84.