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fundamental freedoms of indigenous peoples. The main sources of these
communications are non-governmental organizations, indigenous organizations,
intergovernmental organizations and other United Nations procedures concerned
with the protection of human rights. If the complaints are considered justified, the
Special Rapporteur sends communications to the States mentioned; these
communications may take the form of “urgent appeals” in cases of imminent danger
of violations of the human rights of individuals, or even entire indigenous
communities, or “letters of allegation” in cases of a less urgent character. An effort
is also made to follow up on these communications and the Special Rapporteur
reports thereon to the Commission in his annual report.
7.
The situations that have led to the intervention of the Special Rapporteur
during the period under review are described in the reports to the Commission
on Human Rights (E/CN.4/2002/97/Add.1, E/CN.4/2003/90/Add.1
and
E/CN.4/2004/80/Add.1).
C.
Legal framework
8.
The international legal framework for the Special Rapporteur’s work is set out
in his initial report (E/CN.4/2002/97, paras. 11 to 14) and in addendum 1 to his
report to the sixtieth session of the Commission (E/CN.4/2004/80/Add.1, paras. 80
to 99). Since his appointment, the Special Rapporteur has in general focused
activities under his mandate on three main areas of work: thematic investigation of
issues that have an impact on the situation of human rights and fundamental
freedoms of indigenous peoples; country visits; and communications with
governments concerning allegations of violations of the human rights and
fundamental freedoms of indigenous peoples the world over.
III. Status of the issue: progress and major human rights
problems affecting indigenous peoples
9.
During the years covered by the International Decade of the World’s
Indigenous People 1995-2004 proclaimed by the General Assembly in its resolution
48/163, considerable progress has been made at the national and international levels
with respect to the recognition and promotion of the human rights of indigenous
people, including the 1989 Convention concerning Indigenous and Tribal Peoples in
Independent Countries of the International Labour Organization (ILO) and the
adoption of relevant national legislation in that area. The Special Rapporteur urges
States that have not yet done so to ratify the above-mentioned Convention. It is very
important for the indigenous people that the draft United Nations declaration on the
rights of indigenous peoples, prepared by the working group on indigenous people
and adopted by the Sub-Commission on the Promotion and Protection of Human
Rights, should be adopted. The draft is currently under review by the working group
of the Commission established pursuant to Commission resolution 1995/32. Despite
the progress achieved at the international level, the Special Rapporteur finds it
regrettable that negotiations on the draft declaration are still deadlocked. However,
he acknowledges the efforts made by various delegations during the ninth session of
the working group (see E/CN.4/2004/81), which is considering the draft declaration,
and urges the parties to adopt, even if on a preliminary basis, those articles where a
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