A/59/258
I. Introduction
1.
This is the first report being submitted by Mr. Rodolfo Stavenhagen, Special
Rapporteur on the situation of human rights and fundamental freedoms of
indigenous people, to the General Assembly. During the period of his mandate, the
Special Rapporteur submitted three reports to the Commission on Human Rights:
E/CN.4/2002/97 and Add.1, E/CN.4/2003/90 and Add.1-3 and E/CN.4/2004/80 and
Add.1-4/Corr.1. The report includes the main topics considered by the Special
Rapporteur during the first three years of his mandate, which he took up in June
2001.
2.
This report covers the activities carried out during the period 11 August
2001-10 August 2004. It underscores certain issues of concern which, in the Special
Rapporteur’s view, require urgent and immediate attention. Owing to space
constraints and in order to avoid needless duplication, reference will be made where
necessary to previous reports on the issue where the questions raised are dealt with
at length.
3.
The Special Rapporteur would like to draw the General Assembly’s attention
to the report he submitted to the Commission on Human Rights at its fifty-eighth
session (E/CN.4/2002/97 and Add.1) in which he described, inter alia, his methods
of work and proposed, based on the issues of greatest concern to the indigenous
peoples, a series of topics on which he would focus his yearly studies.
II. Mandate
A.
Functions
4.
The Commission on Human rights in its resolution 2001/57 entrusted the
Special Rapporteur, inter alia, with the following functions: to gather, request,
receive and exchange information and communications from all relevant sources,
including Governments, indigenous people themselves, their communities and
organizations, on violations of their human rights and fundamental freedoms;
formulate recommendations and proposals on appropriate measures and activities to
prevent and remedy violations of the human rights and fundamental freedoms of
indigenous people; and work in close relation with other special rapporteurs, special
representatives, working groups and independent experts of the Commission on
Human Rights and of the Sub-Commission on the Promotion and Protection of
Human Rights.
5.
The functions covered by the mandate are described in greater detail in other
reports of the Special Rapporteur to the Commission on Human Rights
(E/CN.4/2002/97, paras. 2 and 3, and E/CN.4/2004/80, para. 2).
B.
Cases of violations of indigenous people’s human rights and
fundamental freedoms that give rise to action by the
Special Rapporteur
6.
Since his appointment, the Special Rapporteur has been receiving a large
number of communications on allegations of violations of the human rights and
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