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African Commission on Human and Peoples’ Rights, and this is also the intent of
the Special Rapporteur’s recommendations to African countries.
D.
Follow-up activities
24. As in previous years, the Special Rapporteur has also focused on the question
of the implementation of the recommendations contained in his annual reports and,
in particular, those contained in his reports on country visits. These activities have
provided important input to the aforementioned study on best practices (see
paras. 14 and 15 above). Follow-up activities are a very useful way of strengthening
dialogue among Governments, civil society, indigenous organizations and other
relevant stakeholders involved in the implementation of the Special Rapporteur’s
recommendations, insofar as the latter make a meaningful contribution to the
ultimate aim of promoting and protecting the rights of indigenous peoples.
25. Follow-up activities have included a forum entitled “Closing the
implementation gap”, which took place in Ottawa on 2 and 3 October 2006 and was
attended by representatives of the Government and of various Canadian indigenous
and human rights organizations. The forum made it possible to highlight experiences
and identify ongoing obstacles to the implementation of the recommendations made
to the Canadian Government by the Special Rapporteur during his official visit to
the country in 2003 (see A/HRC/4/32/Add.4).
26. In recent years, the Canadian Government has adopted a series of measures
relating to the human rights of indigenous peoples, which are mentioned in the
relevant reports. Examples of such measures include the reparations awarded to
victims of the residential school system for indigenous children, support for an
educational programme designed to combat violence against indigenous women and
a legislative reform enabling indigenous women to seek recourse before the national
Human Rights Commission.
27. The forum also highlighted a number of delays, for instance in the
implementation of the Kelowna Accord concluded in 2005 between Government
ministers and indigenous organizations, and the continued existence of many
conflicts relating to indigenous peoples’ lands and territories. A particularly
controversial issue, alluded to by a number of legislators during meetings with the
Special Rapporteur, was Canada’s negative vote on the United Nations Declaration
on the Rights of Indigenous Peoples, which was adopted at the first session of the
Human Rights Council in June 2006.
28. The steps taken in Mexico to follow up the Special Rapporteur’s report on his
2003 official visit include a number of activities carried out in conjunction with
OHCHR within the framework of the project on the promotion and protection of the
human rights of indigenous peoples in Central America, with a special focus on
Guatemala and Mexico (see A/HRC/4/32/Add.4, paras. 65-70).
29. Despite some progress, many important human rights issues referred to in the
Special Rapporteur’s recommendations have yet to be addressed in Mexico. It is
difficult to implement the constitutional framework on indigenous rights, not only
for reasons of political will but also because of its lack of coherence and legal
ambiguity. The agrarian legal and judicial system is obsolete in relation to the
contemporary recognition of indigenous peoples’ rights over their land and natural
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