E/CN.4/2002/97
page 3
Executive summary
Pursuant to the resolution establishing his mandate, the Special Rapporteur has
undertaken a number of activities, beginning with attendance at the annual session of the
Working Group on Indigenous Populations (WGIP) in July 2001, where he met with government
delegates, indigenous peoples, human rights organizations and staff of the Office of the
United Nations High Commissioner for Human Rights (OHCHR). In September he attended the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
in South Africa. Furthermore, in response to numerous invitations, he addressed a number of
seminars on issues related to his mandate organized by, among others, the World Bank, the
United Nations Educational, Scientific and Cultural Organization (UNESCO), the
United Nations Institute for Training and Research (UNITAR) and the Commission on
Human Security.
This first report to the Commission on Human Rights is not a narrative of the Special
Rapporteur’s activities since his appointment. Rather, he wishes to provide a panorama of the
main human rights issues besetting indigenous people at the present time and to set out a
framework and agenda for his activities in the future. The report consists of four parts: (a) an
overview of activities carried out in the United Nations system in relation to the human rights of
indigenous people; (b) the principal issues and problems of indigenous peoples at the present
time; (c) a summary of the main content of numerous communications on the situation of
indigenous people (the addendum contains a more detailed account of these indigenous claims);
(d) an outline of the Special Rapporteur’s future activities.
The United Nations system carries out numerous activities relating to indigenous
peoples. Notable among them are the annual sessions of the Working Group on Indigenous
Populations which since 1982 has examined the situation of indigenous populations and makes
recommendations on the topic. Its principal achievement has been the preparation of the
“Draft United Nations declaration on indigenous rights”, currently being considered by the
Commission on Human Rights. A similar declaration is being prepared in the regional system
of the Americas. However, the only legally binding instrument on indigenous rights so far is
International Labour Organization Convention No. 169, ratified to date by 14 States. Within the
framework of the International Decade for the World’s Indigenous Peoples (1995-2004), the
specialized agencies have developed guidelines concerning their activities with indigenous
people, and the World Bank is overhauling its own policies in this field.
There has been much legislative activity concerning indigenous peoples at the national
level, mainly in Latin America, but also in South-East Asia and Africa. Peace agreements
involving States and indigenous peoples were signed in recent years in Guatemala, Mali and
Mexico, but their implementation is still problematic.
The major issues involving indigenous rights relate to land, territory, the environment
and natural resources; the administration of justice and legal conflicts; poverty, standards of
living and sustainable development; language, culture and education; self-government,
autonomy, political participation and the right to self-determination. Across-the-board