E/CN.4/2005/88 page 5 Introduction 1. The mandate of the Special Rapporteur was established by the Commission on Human Rights in its resolution 2001/57. In its resolution 2003/56, the Commission encouraged the Special Rapporteur to continue to examine ways and means of overcoming existing obstacles to the full and effective protection of the human rights and fundamental freedoms of indigenous people and to request, receive and exchange information on violations of the rights of indigenous people, wherever they might occur. In its resolution 2004/62, the Commission decided to extend the mandate of the Special Rapporteur for a further period of three years and requested him to submit a report on his activities to the General Assembly at its fifty-ninth session and to the Commission at its sixty-first session. The Special Rapporteur submitted his first report to the General Assembly (A/59/258) on 21 October 2004. 2. The Commission requested the Special Rapporteur to continue working on the topics included in his first report (E/CN.4/2002/97 and Add.1) and, in particular, those that might contribute to advancing the debate on fundamental issues of the draft United Nations declaration on the rights of indigenous peoples. He was also requested to pay special attention to violations of the human rights of indigenous women and children, to take into account a gender perspective and to consider the recommendations of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance on matters concerning his mandate. 3. In 2004 the Special Rapporteur submitted his third report to the Commission, which concentrated on the obstacles, deficiencies and challenges indigenous people face in dealing with the justice system and the relevance of indigenous customary law to national legal systems (E/CN.4/2004/80 and Add.1-3). The Special Rapporteur is now pleased to transmit to the Commission his fourth annual thematic report, pursuant to Commission resolution 2004/62, which deals with the problems faced by indigenous peoples in education systems, including problems of access and equity. The present report also considers such other key issues as the need for culturally appropriate education for indigenous peoples and the challenges that arise in the area of higher education. 4. Since the presentation of his first report, the Special Rapporteur has continued gathering information on the situation of the human rights of indigenous peoples, following developments in the United Nations system, participating in international and national conferences and research seminars, evaluations, training workshops and the like that deal directly with the issues of his mandate, and has undertaken research on some of the major issues affecting indigenous peoples that he set out in his first report (E/CN.4/2002/97, para. 113). He has also undertaken two official country missions, to Colombia (8-17 March 2004) and Canada (21 May-4 June 2004). The corresponding reports are contained in documents E/CN.4/2005/88/Add.2 and 3 respectively. 5. In response to the Commission’s specific request, the Special Rapporteur continued to pay special attention to the situation of indigenous women and made a point of meeting with indigenous women during his visits to communities and peoples with a view to hearing their views, their needs and their demands. In this connection he took part in the third session of the Permanent Forum on Indigenous Issues, devoted to the theme of indigenous women, which was held in New York in May 2004, and at which he delivered an oral presentation on the subject.